Tort Class intentional tort

Question 1

intentional tort

Answer 1

consist of conduct that is fashioned to harm another person or their property
- a single act can be the basis for both a tort and a criminal action

Question 2

Intention tort must include 3 elements

Answer 2

1. act
2. intent
3. injurious behavior

Question 3

Intent

Answer 3

• the conscience object to bring about a particular act
• intent has to occur at the same time as the act
• can be verified by tortfeasors Action, The surrounding situation, Amount of damages, Words

Question 4

Assault

Answer 4

Apprehension of an imminent threat of contact

• fear has to be reasonable
• threat has to be immediate

Question 5

Battery

Answer 5

A completed Assault

1. uncontested physical contact
2. offensive or harmful contact
3. intent to touch another offensively

Question 6

Extension of the person

Answer 6

Exist when contact need not be made with a person’s body; clothing, purse, etc, if touched will translate into touching the person.

Question 7

how is offensive or harmful contact distinguish

Answer 7

the reasonable person standard (would the reasonable person be offended by the contact)

Question 8

Transferred intent

Answer 8

“A legal fiction”; the defendant’s intent is transferred to whomever it reaches - a tool for protecting persons from misdirected physical contact.

Question 9

False imprisonment 4 elements

Answer 9

1. Confinement without consent
2. Tortfeasor’s intent to confine the victim - their actions
3. Confinement for an appreciable length of time - reasonable under the circumstances
4. No reasonable means of escape

Question 10

Confinement

Answer 10

• restrictions refraining the victim’s freedom of movement
• the captive must be aware they are being restrained
• the victim’s non-constent to the restriction

Question 11

Infliction of emotional distress 3 elements

Answer 11

1. outrageous conduct by the tortfeasor (shock the conscience)
2. conduct intended to cause severe mental anguish
3. the victim suffered sever mental anguish as a consequence of the tortfeasor’s behavior

Question 12

Reckless infliction of emotional distress

Answer 12

tortfeasor knew or reasonably should have knew thier act would bring about emotional distress

Question 13

Sexual harassment

Answer 13

considered a reckless infliction of emotional distress; regarding unwanted insulting and demeaning sexual advances for a supervisor or co-worker

Question 14

Fraud

Answer 14

occurs when a tortfeasor makes false statements to entice the victim to give up something of value to the tortfeasor (features the element of underhanded economic gain)

Question 15

Misrepresentation

Answer 15

exists when the tortfeasor knowingly makes false statements or purposefully behaves in such a way as to decieve the victim

Question 16

Fraud 5 elements

Answer 16

1. defrauder must intend to deceive by making false representation
2. defrauder must know the statements being made are false
3. the purpose of the false statements must be to entice the victim into giving the tortfeasor something of value
4. the innocent party justifiably relied on the misrepresentation
5. the innocent party must be injured

Question 17

Malicious Prosecution

Answer 17

arises when a private citizen files with the prosecutor a groundless CRIMINAL complaint against another

Question 18

Malicious Prosecution 4 elements

Answer 18

1. groundless criminal prosecution without probable cause
2. Malice in filing the spurious charges
3. the accused’s acquittal from the criminal charges
4. injury to the accused as a result of the prosecution

Question 19

Abuse of Process

Answer 19

arises when a private citizen files a complaint against another person within a CIVIL LITIGATION

Question 20

Abuse of Process 3 elements

Answer 20

1. misuse of legal proceeding or threat of misuse
2. misuse to achieve unlawful objectives
3. injury to the victim as a result of the misuse

Question 21

Invasion of privacy (include 4 types)

Answer 21

when someone publicly exploits another person’s private affairs in an unreasonably intrusive manner

1. appropriation
2. false light
3. disclosure
4. intrusion

Question 22

Appropriation

Answer 22

occurs when the tortfeasor uses a persons name or likeness without permission to gain some benefit (profit)

Question 23

False light

Answer 23

false portrayal of someone in a way that would e offensive to a reasonable person (using someones name or photograph in an embarrassing fashion)

Question 24

Disclosure

Answer 24

publication of embarrassing private affairs without permission (and a reasonable person would find this disclosure extremely objectionable (truth is not defense)

Question 25

Intrusion

Answer 25

an excessive and highly offensive assault upon ones seclusion or solitude

Question 26

Defamation 4 elements

Answer 26

1. written (libel) or oral (slander) statement
2. false and defamatory statement about a person
3. tortfeasor’s communication of the statement to a third party
4. harm to the victim’s reputation in the community

Question 27

Defamation per se (includes)

Answer 27

remarks consider to be so harmful they are automatically viewed as defamatory

1. someone has a loathsome communicable disease
2. someone has committed business improprieties
3. someone has been imprisoned for a serious crime
4. an unmarried woman is unchasted

Question 28

Defense to Defamation

Answer 28

1. Truth - if the information communicated is true, then no libel or slander occurred
2. Privilege - statements made by attorney and judges during trials; legislators statements during debates