Torts Flashcards
intentional act by wrongdoer that interferes with owner’s possessory interest in real property (you have a right to peaceful use of your property
trespass to land
intentional act by wrongdoer that interferes with owner’s possessory rights with chattels that causes damage (can’t use their stuff)
trespass to chattles
intentional taking of another’s chattels with the intent of making them your own and causing damage (civil version of theft)
conversion
interference with others’ enjoyment of their real property without going onto it (music, weed killer, loud animals)
nuisance
unauthorized use of another’s image, trademark, identity; can also be considered an invasion of privacy (identity theft, use of face without permission)
appropriation
intentionally spoken or oral untruths or defamatory statements made to a third party that cause damage to someone’s or a group’s reputation
slander
written untruths or defamatory statements made to a third party that cause damage to someone’s or a group’s reputation
libel
intentional threatening with physical harm which causes the person to fear that he/she will be harmed
assault
an act that is done with the intent to physically touch that causes physical harm or is offensive
battery
intentional confinement that deprives a person of liberty who is aware of the confinement or is harmed by it
false imprisonment
reasonable person standard
What would an adult of average intelligence do?
there was a duty owed to someone that was breached resulting in harm and the breach of duty was the direct cause of the harm
negligence
negligence by a professional held to a professional standard of care
malpractice