Tort Class intentional tort Flashcards
intentional tort
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
Intention tort must include 3 elements
- act
- intent
- injurious behavior
Intent
- 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
Assault
Apprehension of an imminent threat of contact
- fear has to be reasonable
- threat has to be immediate
Battery
A completed Assault
- uncontested physical contact
- offensive or harmful contact
- intent to touch another offensively
Extension of the person
Exist when contact need not be made with a person’s body; clothing, purse, etc, if touched will translate into touching the person.
how is offensive or harmful contact distinguish
the reasonable person standard (would the reasonable person be offended by the contact)
Transferred intent
“A legal fiction”; the defendant’s intent is transferred to whomever it reaches - a tool for protecting persons from misdirected physical contact.
False imprisonment 4 elements
- Confinement without consent
- Tortfeasor’s intent to confine the victim - their actions
- Confinement for an appreciable length of time - reasonable under the circumstances
- No reasonable means of escape
Confinement
- 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
Infliction of emotional distress 3 elements
- outrageous conduct by the tortfeasor (shock the conscience)
- conduct intended to cause severe mental anguish
- the victim suffered sever mental anguish as a consequence of the tortfeasor’s behavior
Reckless infliction of emotional distress
tortfeasor knew or reasonably should have knew thier act would bring about emotional distress
Sexual harassment
considered a reckless infliction of emotional distress; regarding unwanted insulting and demeaning sexual advances for a supervisor or co-worker
Fraud
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)
Misrepresentation
exists when the tortfeasor knowingly makes false statements or purposefully behaves in such a way as to decieve the victim
Fraud 5 elements
- defrauder must intend to deceive by making false representation
- defrauder must know the statements being made are false
- the purpose of the false statements must be to entice the victim into giving the tortfeasor something of value
- the innocent party justifiably relied on the misrepresentation
- the innocent party must be injured
Malicious Prosecution
arises when a private citizen files with the prosecutor a groundless CRIMINAL complaint against another
Malicious Prosecution 4 elements
- groundless criminal prosecution without probable cause
- Malice in filing the spurious charges
- the accused’s acquittal from the criminal charges
- injury to the accused as a result of the prosecution
Abuse of Process
arises when a private citizen files a complaint against another person within a CIVIL LITIGATION
Abuse of Process 3 elements
- misuse of legal proceeding or threat of misuse
- misuse to achieve unlawful objectives
- injury to the victim as a result of the misuse
Invasion of privacy (include 4 types)
when someone publicly exploits another person’s private affairs in an unreasonably intrusive manner
- appropriation
- false light
- disclosure
- intrusion
Appropriation
occurs when the tortfeasor uses a persons name or likeness without permission to gain some benefit (profit)
False light
false portrayal of someone in a way that would e offensive to a reasonable person (using someones name or photograph in an embarrassing fashion)
Disclosure
publication of embarrassing private affairs without permission (and a reasonable person would find this disclosure extremely objectionable (truth is not defense)
Intrusion
an excessive and highly offensive assault upon ones seclusion or solitude
Defamation 4 elements
- written (libel) or oral (slander) statement
- false and defamatory statement about a person
- tortfeasor’s communication of the statement to a third party
- harm to the victim’s reputation in the community
Defamation per se (includes)
remarks consider to be so harmful they are automatically viewed as defamatory
- someone has a loathsome communicable disease
- someone has committed business improprieties
- someone has been imprisoned for a serious crime
- an unmarried woman is unchasted
Defense to Defamation
- Truth - if the information communicated is true, then no libel or slander occurred
- Privilege - statements made by attorney and judges during trials; legislators statements during debates
