Torts Flashcards
Malice (defamation)
To establish a reckless disregard for the truthfulness of a statement, the defendant must have entertained serious doubts about its truthfulness; mere failure to check facts is not sufficient.
Assault/Battery damages
nominal OK absent actual damages
- punitive if malice involved
NY Intentional Torts SOL
1 year after injury
IIED NY distinction
Intentional mishandling of a corpse
Assault
- reasonable apprehension of
- imminent harm
- caused by D’s action/threat
- D’s intent to cause such harm/apprehension
IIED
- Extreme and Outrageous behavior
- exceeds all bounds of human decency - Intentionally or R
- Results in severe emotional distress
IIED 3rd parties
- Immediate family
- D aware - Bystander
- D aware
- physical injury
False Imprisonment
i) Intending to confine or restrain another within boundaries fixed by the actor;
ii) Those actions directly or indirectly result in such confinement; and
iii) The other is conscious of the confinement or is harmed by it
Shopkeeper’s privilege
- reasonable grounds to suspect theft
- may detain for reasonable time
- reasonable manner
Consent by mistake
Valid unless:
- D caused mistake
- D knew of mistake and took advantage
NY Duty to Retreat
Retreat
- if can do so safely
- home
- w/n curtilage (enclosed area surrounding home)
Self Defense injury to 3rd parties
Not liable so long as not negligent
Defense of property
- cannot use deadly force
- may use reasonable non-deadly force if reasonable believe that necessary to protect tortious harm to property
Recapture of chattel
- can use reasonable force
- but must be peaceful if initial taking was lawful
Trespass to chattel
Intentionally
- dispossess P of chattel
- or intermeddles and damages chattel
*Mistake of fact not a defense
Conversion
Intentionally commits act - Deprives P of possession - OR interferes w/ P's possession So serious that - deprives P of use of her chattel
Conversion remedy
Full value of chattel at time of conversion
Conversion Defenses
- NOT OK: mistake of law/fact
- OK NY: good faith purchaser unless informed and refuses to comply
Necessity defense
right to use other’s property to save lives or more valuable property
- trespass to land/chattels and conversion
Public necessity vs Private necessity
If public necessity, not liable for any damage
Private Nuisance
- substantial (to reasonable person)
- unreasonable (injury > usefulness)
- interference
- use and enjoyment of land
Nuisance self-help (abatement)
may enter another’s land to abate nuisance after:
- notice
- refusal to comply
Standard of care (negligence)
Most courts: Reasonably prudent person under the circumstances
Modern approach: cost-benefit approach
- foreseeability of harm, severity of harm and burden of precautions
Duty
Duty to all foreseeable persons who may be injured by failure to show reasonable care
- Zone of danger
- If any P foreseeable, then duty to all harmed as result