Intentional Torts/Weird Torts Flashcards

Question

Private Necessity

Answer 1

Commit intent. tort to protect **oneself** (ex. take boat to escape fire) **R. person would believe** act necessary = excused (even if mistake) Result= **not liable** for **tort** + protected v. **punitive** damages **Still liable** for **damage** to prop (harm boat in escape--not liable for conversion, but liable for damage)

Answer 2

Intentional Torts = need *intent to do x* (not necessarily intent to harm--ex. assault, trespass, etc.) Intentional torts = can get *nominal damages* even if no/v. little harm (vs. negligence--no harm = no case)

Answer 3

Birth of a healthy child after P took steps to avoid conception P= parent Damages: re: cost of surgery, etc. (NOT cost of raising child)

Answer 4

Birth of child with anomalies, disease, or disability after physician failed to diagnose issue during pregnancy MUST claim would have ended pregnancy if properly diagnosed P= parent Damages: Courts not particularly fond of

Answer 5

Claim for having been born with anomalies, disease, or disability after physician failed to diagnose P = child MUST claim "I (plaintiff) should not have been born Damages Courts *really* dislike--almost none allow

Answer 6

1) **Unreasonable interference** w/ 2) **Right common to the general public** (e.g. **health, safety + morals**) Can bring if gov actor OR priv. individ. If **private individ**--> must show **harm different** from that suffered by **gen public**

Answer 7

**Thing/activity** that **sub. + unreasonably interferes** w/ **use + enjoyment** of P's land Gen: D also has to be on notice 1) Suffer/will suffer **irrep. harm** AND 2) **damages inadeq** Balancing Test: **Value of D's activity** (need sewers *somewhere*) Availability of **alternatives** **Nature of locality** **Extent** of P's **injury** **Who there first** ("came to nuisance"--was defense, now just factor--*not determinative*) Must affect pub in gen--**P abnormally sensitive** = **N/A**

Answer 8

Subjects plaintiff to scorn, ridicule, or deters others from dealing with--causes reputational harm MUST be **able to be believed as truthful + rep. harming** (i.e. not obviously hyperbole, op., metaphor) MUST **name P** OR be about P + **P IDable by context** (smear "everyone" in 500 person group = too vague)

Answer 9

1) Published (w/ proper intent) 2) Defamatory Material 3) Concerning P 4) Caused P reputational harm Intent: varies by whether 1) public official/figure or private figure; AND 2) matter of public or private concern

Answer 10

Actual malice by c+c evidence Public official: gen. if re **capacity as pub. official** Public Figure = **Household name** ("all purpose") OR **inject selves** into controversy ("limited") (nobody knew, but now all over news)

Answer 11

Depends on if **pub or priv concern** Private Figure + **Public Concern** = **probably neg.** (some standard higher than s. liability--states have leeway) + damages **Punitive** =need **malice** Private Figure + **Private Concern** = prob. just **defamatory + false**--no need to prove malice (but hasn't been tested at SCOTUS)

Answer 12

1) Intrusion into Seclusion 2) Commercial Appropriation of Likeness/Identity 3) Public Disclosure of Private Facts 4) False Light Portrayal

Answer 13

**Unreasonably intrudes** onto **P's zone of privacy (seclusion)** Must be **highly objectionable to r. person** (objective standard) Damages: **compensatory** (ex. mental distress) + **punitive** (if bad enough

Answer 14

**Unauthorized use** of **P's name, voice or likeness** for **commercial purposes** MUST be **commercial** N/A if **newsworthy purpose**

Answer 15

1) **Disclosure/publication** of **private facts** AND 2) Disclosure **highly offensive to r. person** (ex. medical records) AND 3) Info **not newsworthy** Applies **even if true** = liable **Motive irrelev.**--benign intent + true facts = still liable Damages--can get **injunction** (vs. defamation) as well, b/cause info true **Not private** = **N/A** (ex. from **public records**) Time matters--info stale=less offensive

Answer 16

Public disclosure of private facts = **because true** can get **injunction** (vs. defamation, etc--just damages)

Answer 17

"Defamation Lite" 1) Publication AND 2) False Information AND 3) Publication Highly Offensive to R. Person AND 4) Some Level of Fault (see defamation) V. similar to defamation, but not as severe (ex. saying P has cancer, is poor)

Answer 18

1) **Intentional** AND **material** misrepresentation by D 2) Re: **past or present fact** AND 3) Made with **knowledge** AND 4) D **justifiably relied on** to D's **economic detriment** MUST **intend P rely** AND **know/be reckless** that false Can be affirmative assertion OR active concealment (ex. roll back odometer)

Answer 19

No liability UNLESS 1) **Fiduciary** relationship OR 2) **Ambiguous/misleading statement** causes reliance OR 3) **Makes assertion believing true**, then **discovers not/no longer** and **fails to correct** OR 4) Made **false statement not intending reliance**, **discover D relied** and **don't correct** OR 5) P **r. expects disclosure** (in this type of sit., people disclose this)

Answer 20

No liability for **negligent infliction of econ. loss** UNLESS 1) **Special relationship (ex. fid.)** OR 2) D **knows acting for benefit of 3d party** + party **relies + suffers loss** (ex. auditor misstates co. value--core of job to do this to benefit x, cause x econ. damage = liable to x)

Answer 21

1) **Know** there is **contract b/tween P and 3d party** AND 2) Acted with **purpose** of having **contract breached/harder to perform**

Answer 22

1) Knew of prospective econ. advantage AND 2) Acted to interfere AND 3) Acted for **improper/malicious motives** CAN act to protect own competitive interests--not a tort

Answer 23

Defamation: re **reputational** harm Injurious Falsehood: re **economic** harm

Answer 24

1) False Statement 2) Actual malice OR knew false OR reckless disregard 3) Made to another or published 4) Causing specific **economic** injury Vs. defamation--about econ. harm v. reputational harm