Intentional Torts Rest. 2nd Flashcards
Assault
An actor is subject to liability to another for assault if:
(a) acts intending to cause a harmful or offensive contact with the person of the actor or a 3rd person, or an imminent apprehension of such contact, and
(b) the other is thereby put in such imminent apprehension
False Imprisonment
An acotro is sujecti to liability to anoher for false imprisonment if:
(a) acts intending to confine the other or a third person within boundaries fixed by the actor, and
(b) their act directly or indirectly results in such a confinement of the other, and
(c) the other is conscious of the confinement or is harmed by it
IIED
One who is by EXTREME AND OUTRAGEOUS conduct intentionally or recklessly causes severe emotional distress to another is subject ot liability for such emotional distress and if bodily harm to the other results from it, for such bodily harm
Wrongful Discharge
an employer who discharges an at-will employee in violation of a clear mandate of public policy is liable to the employee for loss of wages that result from the discharge
Trespass to Land
One is subject to liability to another for trespass, irrespective of whether he therby causes harm to any legally protected interest of the other if he intentionally:
(a) enters the land in possession of the other, or causes a thing or 3rd person to do so, or
(b) remains on land, or
(c) fails to remove from the land a thing which he is under a duty to remove
Trespass to Chattel
A trespass to chattel may be committed by intentionally:
(a) dispossessing another of the chattel or
(b) using or intermeddling w/ a chattel in the possession of another person
Conversion
One who dispossess another of a chattel is subject to liability in trespass for the damages done. If the dispossession seriously interferes with the right of the other to control the chattel, the actor may also be subject to liability for conversion
Conversion (what constitutes)
(1) conversion is an intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control if that the actor may justly be required to pay the other the full value of the chattel
(2) in determining the seriousness of the interference and the justice of requiring the actor to pay the full value, the following factors are important:
(a) the extent and duration of the actor’s exercise of dominion or control;
(b) the actor’s intent to assert a right in fact inconsisten with the other’s right of control;
(c) the actor’s good faith
(d)
(e)
(f)
Appropriation of Name or Likeness
one who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy
Intrusion upon Seclusion
One who intentionally intrudes, physically or otherwise, upon the solitude of seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person
Defamation (libel and slander)
libel= publication of defamatory matters by written or printed words
slander= publication of defamatory matters by spoken words,