Torts

Question 1

What are the three main elements required to prove an intentional tort?

Answer 1

(1) An Act
(2) Intent
(3) Causation

Question 2

When is intent established in an intentional tort situation? (2 ways)

Answer 2

(1) When the actor acts with the purpose of causing the consequence; or
(2) When the actor knows that the consequence is substantially certain to follow.

Question 3

Can Children or Mental Incompetents be held liable for intentional torts?

Answer 3

Yes, if they act with the requisite intent.

Question 4

What are the three scenarios that lead to transferred intent?

Answer 4

(1) A different intentional tort committed against the intended victim;
(2) The intended tort committed against an accidental victim; and
(3) A different intentional tort committed against an accidental victim.
* See Outline pg. 1 for good examples.*

Question 5

What are the required elements for battery?

Answer 5

(1) The Defendant causes a Harmful or Offensive contact with the person of another; and
(2) Acts with the intent to cause that contact, or the apprehension of that contact.

Question 6

In reference to establishing Battery, what is considered a “Harmful” or “Offensive” contact?

Answer 6

Harmful - A contact that causes injury, pain, or illness.

Offensive - A contact that a person of ordinary sensibilities would find offensive

• e.g. Expectorating on someone, Groping someone, etc.*
• Notes: The victim need not be conscious or aware of the contact. Defendant’s foreknowledge of victim’s hypersensitivity may lead to liability. The “contact” can be direct, but need not be (water bucket propped up on door, etc.).*

Question 7

For the purposes of establishing Battery, what is considered to be “The Person of Another”

Answer 7

The person’s body and anything connected to it, including a hat, the bike you’re riding, or the pet you have on a leash.

Question 8

What damages can be recovered from a Battery?

Answer 8

Plaintiff can recover nominal damages in the absence of proof of harm.

Plaintiff may also recover damages from physical harm flowing from the battery.

Punitive Damages may be awarded if the defendant acted outrageously or with malice.

Question 9

What is the Eggshell Plaintiff rule; how does it relate to Battery?

Answer 9

Per the “eggshell plaintiff” rule, a defendant is liable for all harm stemming from a battery, even if it is much worse than the defendant or anyone else expected it to be.

Question 10

List one Defense to battery.

Answer 10

The Consent defense; battery does not exist if there is express or implied consent.

e.g. Getting into a boxing ring.

Question 11

What are the elements required to cause Assault?

Answer 11

(1) The Defendant causes Reasonable Apprehension of an imminent harmful or offensive bodily contact; and
(2) The Defendant intended to cause the apprehension, or to cause the contact itself.
* Note: Actual Contact is not required for assault. To establish Reasonable Apprehension, Plaintiff must be aware of the Defendant’s action; and that action must cause a reasonable person to be apprehensive.*
* Generally, mere words are insufficient, except in special circumstances where the defendant could potentially cause imminent harm (e.g. “Your money or your life” uttered in a dark alley behind someone can constitute assault.*

Question 12

What Damages can be recovered for Assault?

Answer 12

Same as with Battery;

Nominal damages may be awarded without proof of injury;

Damages can be recovered for any physical harm flowing from the assault.

Punitive damages may be awarded in appropriate cases.

Question 13

What are the elements of an Intentional Infliction of Emotional Distress claim?

Answer 13

(1) The Defendant Intentionally or Recklessly engages in;
(2) Extreme and Outrageous conduct that
(3) causes the plaintiff severe emotional distress.
* Note: Defendant’s actions must be a cause in fact of the plaintiff’s harm.*

Question 14

In terms of IIED, what might cause a court to more likely find conduct or language extreme and outrageous?

Answer 14

(1) The Defendant is in a position of authority or influence over the plaintiff;
(2) The plaintiff is a member of a group that has heightened sensitivity (Elderly, Children, Etc.)

Question 15

With respect to IIED, what are the Constitutional Limitations on claims by/about Public Figures?

Answer 15

Public figures are unable to recover for IIED unless they can show that the words contain a false statement of fact, and that statement was made with actual malice.

Actual malice in this context is defined as a statement having been made that was knowingly false, or was made with reckless disregard for its potential falsity.

IIED may also be inapplicable to private plaintiffs if the conduct at issue is speech on a matter of public concern (Snyder v. Phelps)

Question 16

How does conduct toward Third Parties interplay with IIED?

(Immediate Family Members, Bystanders)

Answer 16

If an immediate family member of a victim of extreme and outrageous conduct is present at the time of and witnesses said conduct, they may be entitled to recover under the IIED tort even if there was not bodily injury to the victim.

A bystander can recover for IIED if they were present for the conduct, perceives the conduct, and experiences a physical manifestation of the distress.

The same rules apply if a defendant commits a different intentional tort that causes severe emotional distress to another.

Question 17

What must someone prove to recover damages for IIED?

Answer 17

The plaintiff must prove severe emotional distress beyond what a reasonable person should endure.

The Outrageous nature of the conduct is often sufficient evidence of the plaintiff’s distress.

Hypersensitivity - If the plaintiff experiences an unreasonable level of emotional distress, then the defendant is only liable if he had awareness of the plaintiff’s hypersensitivity.

Physical injury is not required. except for bystanders.

Question 18

What are the elements of False Imprisonment?

Answer 18

(1) Defendant intends to confine or restrain another within fixed boundaries;
(2) the actions directly or indirectly result in confinement;
(3) Plaintiff is conscious of the confinement, or is harmed by it.
* Notes: Fixed area may be large; irrelevant. Fixed area may be mobile (e.g. a van).*

Duration of confinement is immaterial.

Defendant must either act with purpose to confine the plaintiff, _or_ with knowledge that the plaintiff’s confinement is substantially certain to result.

Question 19

List some methods by which a person can be confined as it relates to False Imprisonment.

Answer 19

• Physical Barriers
• Threats
• Physical Force
• Invalid Invocation of Legal Authority (pretending to be a police officer)
• Duress
• Refusal to provide a safe means of escape

Note: Courts may also find false imprisonment when a defendant has refused to perform a duty to help a person escape.

Question 20

What is the shopkeeper’s privilege as it relates to false imprisonment?

Answer 20

A shopkeeper may detain a suspected shoplifter for a limited time and in a reasonable manner.

Question 21

List the six (6) defenses to intentional torts.

Answer 21

1. Consent
2. Self Defense
3. Defense of Others
4. Defense of Property
5. Parental Discipline
6. Privilege of Arrest

Question 22

Describe Express Consent as a defense to intentional torts.

What about Consent by Mistake or Consent by Fraud?

Answer 22

Express Consent is words or actions that manifest the willingness of a plaintiff to submit to the defendant’s conduct.

• Defendant’s conduct may not exceed the scope of the consent.
• Consent by mistake is a valid defense, unless the defendant caused the mistake or knew of it and took advantage of it.
• Consent by fraud is not a valid defense if it goes towards an essential matter.

Question 23

Describe Implied Consent as a defense to intentional torts.

Answer 23

Implied Consent arises when the plaintiff is silent or unresponsive in such circumstances as silence or a lack of response can reasonably be construed as consent.

Some Prime Examples:

1. Emergencies
2. Injuries Arising from Athletic Contests (as long as conduct is within the scope of the sport; defendant can’t be reckless)
3. Mutual Consent to Combat

Question 24

Can a Lack of Capacity negate consent?

Answer 24

Yes, lack of capacity can negate consent, especially in instances of youth, intoxication, and incompetency.

Question 25

Discuss the **Self-Defense** defense to intentional torts. (Note; **Defense of Others** follows the same rules) (Level of Response, Duty to Retreat, Initial Aggressor, Injuries to Bystanders)

Answer 25

Use of **Self-Defense** requires that the Defendant used **proportionate** force to defend against an offensive contact or bodily harm (*i.e. not excessive force*). Under the **Duty to Retreat**, traditionally most courts required an attempt to **retreat** before one could use **deadly force**. The **initial aggressor** in a situation cannot assert self defense, unless the other party has responded to nondeadly force with deadly force. A person acting in **self-defense** is not liable for injury to **bystanders** provided the injury was **accidental** and the actor was not **negligent** towards the bystander.

Question 26

Describe the **Privilege of Arrest** for **Felonies** (Private Citizen vs. Police Officer)

Answer 26

For **Private Citizens**, reasonable force may be used to make an arrest in the case of a felony if: (1) The felony **has actually been committed** (No “mistake” defense if no crime committed); and (2) The arresting party has **reasonable grounds** to suspect the person being arrested committed the felony. (is a defense if there is a reasonable mistake with regards to identity). **Police** must reasonably believe that a felony has been committed and the person arrested for it committed the felony. Police do not face tort liability if there is a mistake as to whether or not a felony was actually committed.

Question 27

Describe the **Privilege of Arrest** as it relates to **Misdemeanors** (Private Citizen vs. Police)

Answer 27

An arrest by a **Private Person** may only be made if there is a “breach of the peace.” **Police** may only arrest if the misdemeanor was committed in the officer's presence.

Question 28

What is **Trespass to Chattels** and what level of **Intent** is required?

Answer 28

A **Trespass to Chattels** is an intentional interference with the plaintiff's rights to possess personal property. Comes about by either: (1) dispossessing the plaintiff of the chattel; (2) using or intermeddling with the plaintiff's chattel; or (3) damaging the chattel. **Intent** to interfere is not required; merely intent to do whatever the interfering act was is required. *Mistake about the legality of the action is no defense.*

Question 29

Differentiate between **Trespass to Chattel(s)** and **Conversion**.

Answer 29

Generally speaking, the only major difference is the degree to which the chattel is damaged or interfered with. In the event of a **conversion**, the **entire value** of the chattel must be recovered, whereas **trespass to chattels** can be less.

Question 30

What damages may be recovered in the event of a **Trespass to Chattels** or **Conversion**.

Answer 30

In the case of **Trespass to Chattels**, **Actual Damages**, damages resulting from the **Loss of Use**, **Nominal Damages**, or the **cost of repair**. For **Conversion**, the **chattel's full market value** at the time of conversion.

Question 31

What factors are considered when a court will decide between **Trespass to Chattels** and **Conversion**?

Answer 31

* The duration and extent of the interference; * Defendant's intent to assert a right inconsistent with the rightful possessor; * Defendant's lack of good faith; * Expense or inconvenience to the plaintiff; and * Extent of the Harm

Question 32

What is **Trespass to Land**? What **Intent** is required?

Answer 32

Trespass to land occurs when a **defendant intentionally** causes a **physical** invasion of someone's land. With respect to **Intent**, the defendant need not intend to commit a wrongful trespass; the defendant need only to **intend to enter the land** or to **cause physical invasion**.

Question 33

How do you differentiate **Trespass** from **Nuisance**?

Answer 33

A **Trespass** always involves a **physical invasion** or **physical intrusion** upon the land. A Nuisance may not necessarily do so.

Question 34

**Who** can sue for Trespass? Is proof of **actual damages** required to prevail?

Answer 34

**Anyone in possession** of the land *(i.e. any tenant)* may sue for trespass; not just the owner. Proof of **actual damages** is not required to prevail.

Question 35

Briefly describe the defense of **Necessity** as it relates to **Trespass to Property**.

Answer 35

The defense of **necessity** is available to someone who enters onto the land of another or interferes with that property in order to prevent an injury or other severe harm.

Question 36

What can the **Plaintiff** recover if the **necessity** was **private**? (As relates to Trespass against Property)

Answer 36

The defendant must pay for **actual** damages they have caused. The defendant is not liable for **nominal** damages. The landowner **may not use force** to exclude the person.

Question 37

What can the **Plaintiff** recover if the **necessity** was **public**? (As relates to Trespass against Property)

Answer 37

The Plaintiff can recover nothing. *(Public necessity arises when a private property is intruded upon or destroyed when necessary to protect a large number of people from public calamities. e.g. pool used and damaged protecting people from a fire.)*

Question 38

Briefly define a **Private Nuisance**.

Answer 38

A **Private Nuisance** is an activity that **substantially** and **unreasonably** interferes with another's **enjoyment** and **use** of land. *(e.g. Loud noises or foul odors.)*

Question 39

Under **Private Nuisance**, what is considered to be **interference**?

Answer 39

Courts definitions of unreasonable interference are somewhat vague; but there are some considerations: * Must be annoying to an **ordinary**, **reasonable** person. * Someone who is hypersensitive may not have a cause of action for nuisance. * Someone who is **not actually bothered** may still have a cause of action for **nuisance** if it would bother an ordinary, average person. Courts may also choose to balance the interference with the **utility** of the nuisance activity.

Question 40

What are two things courts have **consistently** refused to find as private nuisances?

Answer 40

The **Blocking of Sunlight** or the **Obstruction of a View**. *Note: Unless the former were done with no purpose other than to spite the aggrieved party.*

Question 41

What are the **Defenses** to private nuisance?

Answer 41

**Compliance** with local administrative regulations is a defense. Evidence as to whether the activity is reasonable is allowed, **but is not a complete defense**. **Coming to the Nuisance** - Courts hesitate to find a nuisance if you moved somewhere knowing about the conduct. This is not a complete defense, but is a factor considered by the court.

Question 42

What is a **public nuisance**? Who can **sue**, who can **recover**?

Answer 42

A **public nuisance** is an interference with a right common to the public as a whole. *(e.g. Blocking a public highway or waterway; pollution, claims in tobacco litigation, claims in opioid litigation)* Generally, a **public official** can bring an action on behalf of the public to abate a nuisance *(e.g. a state AG can sue to enjoin polluting activity that harms public health)*. A **private individual** generally cannot recover unless he has been harmed in a special or unique way, different from the general public.

Question 43

What are the four elements of a **Negligence** claim?

Answer 43

1. Duty 2. Breach 3. Causation 4. Damages

Question 44

Describe the **Standard of Care** for **Common Carriers** and **Innkeepers**

Answer 44

**Traditionally**, common carriers owed the duty of **utmost care** consistent with the practical operation of the business. Court's **Today** tend to apply ordinary negligence.

Question 45

Describe the **Standard of Care** for **Automobile Drivers**.

Answer 45

For **Guests and Friends in a car**- Drivers were **traditionally** liable only for **gross negligence** or **wanton or willful misconduct**. **Today**, most jurisdictions apply a general duty of **reasonable care** standard to the driver of a car.

Question 46

Describe the **Standard of Care** for **Bailors and Bailees**

Answer 46

**Bailor** - owns property. **Bailee** - takes temporary possession of property. **Bailor** must warn a gratuitous bailee of known **dangerous** conditions. If the **Bailor** receives the sole benefit, then the **bailee** has a lesser duty. If the **bailee** receives a benefit also, than he has a higher duty of care. Even slight negligence can result in liability.

Question 47

Describe the **Standard of Care** for **Bailors and Bailees**

Answer 47

**Bailor** - owns property. **Bailee** - takes temporary possession of property. **Bailor** must warn a gratuitous bailee of known **dangerous** conditions. If the **Bailor** receives the sole benefit, then the **bailee** has a lesser duty. If the **bailee** receives a benefit also, than he has a higher duty of care. Even slight negligence can result in liability.

Question 48

What are the four levels of people coming onto land in the old / common law system?

Answer 48

* Unknown Trespasser * Trespasser * Licensee * Invitee

Question 49

What duty of care is owed to an **unknown Trespasser**?

Answer 49

No duty whatsoever.

Question 50

What duty of care is owed to a **discovered** or **unanticipated trespasser**?

Answer 50

You are obligated to warn the person about known hidden dangers.

Question 51

What duty of care is owed to a **Licensee**?

Answer 51

The land possessor must make the property reasonably safe, or else warn licensees of hidden dangers. Reasonable care must be exercised in conducting activities on the land. *Note; A licensee is a social guest*.

Question 52

What duty of care is owed to an **Invitee**?

Answer 52

*Note: Invitees come onto the land for a commercial or business purpose ("economic")*. The land possessor owes a duty of *reasonable care*, which includes the responsibility of inspecting the property, discovering unreasonably dangerous conditions, and taking reasonable steps to protect the invitee from them.

Question 53

What are a **landlord**'s duties to a tenant, with respect to negligence?

Answer 53

The landlord must maintain safe **common areas**. The landlord must also warn of **hidden dangers**, and repair **hazardous conditions**.

Question 54

When is evidence of industry custom admissible? When is it dispositive?

Answer 54

Under most circumstances evidence of industry custom is **admissible**. Industry custom, however, is only **dispositive** when the case involves a **professional** (Doctors, Lawyers, Accountants, Electricians, Mechanics, Etc.) In the latter circumstances, compliance is a shield, deviation is a sword.

Question 55

What is the locality rule concerning **physicians**, both traditionally and the modern trend?

Answer 55

Traditionally, a similar physician was one in the same or a similar locality. The modern trend is to consider what the average doctor nationally would do.

Question 56

Briefly discuss **informed consent** in the medical context.

Answer 56

* Generally, patients must give *informed consent*. * Doctors must explain the risks of medical procedures. * Doctors are ***not required*** to inform the patient where: * The risks are commonly known; * The patient is unconscious; * The patient waives/refuses the information; * The patient is incompetent; or * The patient would be harmed by disclosure (e.g. it would cause a heart attack).

Question 57

What are the elements of ***Negligence Per Se*** (Statutory Negligence)

Answer 57

* A criminal law or regulatory statute imposes a particular **duty** for the protection or benefit of others; * The Defendant Violates the statute; * The Plaintiff must be in the class of people intended to be protected by the statute (can be the public at large); * The accident must be of the type that the statute was intended to protect against; and * The harm was caused by a violation of the statute. As a note: compliance with a statute does not automatically exonerate the defendant of negligence.

Question 58

What are some excuses for **Negligence Per Se**?

Answer 58

* The defendant may show that compliance would have been even more dangerous; * Compliance was impossible; or an emergency justified violation of the statute; * Incapacity; exercised reasonable care in trying to comply; vagueness. (*e.g. statute requires walking against traffic. Inability due to that side of the road being narrow, in disrepair, or otherwise less safe may be an excuse)*

Question 59

List and describe the tests used to show **Cause in Fact**

Answer 59

The “**But For**” test - Plaintiff must show that the injury would not have occurred “but for” the defendant's conduct. The **“Substantial Factor"** test - Used where there are difficulties with using the But For Test (IE multiple defendants, etc.). The test is whether the defendant's tortious conduct was a “substantial factor” in causing the harm.

Question 60

What are the necessary elements of **Negligent Infliction of Emotional Distress** (NIED)?

Answer 60

The plaintiff was within the “Zone of Danger” and The threat of Physical Impact Caused Emotional Distress

Question 61

When are employers held vicariously liable for the torts of **Independent Contractors**?

Answer 61

Generally they are not, however employees can be held vicariously liable for the acts of independent contractors when the employer retains a right of control over the way the employee does the work.

Question 62

What independent contractor activities are **non-delegable**?

Answer 62

* Inherently Dangerous Activities; * Duties to the public or specific plaintiffs for certain types of work; such as construction work by a roadway. * Shopkeepers have a duty to keep the premises safe for the public.

Question 63

Briefly describe the **Apparent Agency Doctrine**.

Answer 63

Relates to Vicarious Liability; under the doctrine, a person may be considered vicariously liable for the actions of an **independent contractor** if the injured person accepted the contractor's services based on a reasonable belief the contractor was an employee, **based on the manifestations from the putative employer**. (IE the employer somehow made a representation that the IC was an employee, then later claimed the IC was and IC). IC's negligence must also be a factual cause of harm.

Question 64

Describe automobile owner liability (Negligent entrustment, Family-purpose doctrine, Owner Liability Statutes)

Answer 64

1. **Negligent Entrustment** - An owner can be **directly liable** for negligently entrusting a vehicle (or other dangerous object) to someone who is not in the position to care for it. 2. **Family-purpose doctrine** - The owner of an automobile may be vicariously liable for the tortious acts of any family member driving the car **with permission**. 3. **Owner Liability Statutes** - The owner of an automobile may be vicariously liable for the tortious acts of **anyone** driving the car with permission.

Question 65

What is **dram shop** liability?

Answer 65

* Holds bar owners, bartenders, and social hosts liable for injuries caused when people drink too much and injure third parties. * Note: A bartender may be held **directly liable** in server someone who is too inebriated.*

Question 66

Compare and contrast **Pure** and **Modified Comparative Negligence**.

Answer 66

In a **Pure Comparative Negligence** jurisdiction, the plaintiff's recovery is reduced by the plaintiff's percentage of fault. *e.g. Jordan and Daisy negligently collide, and Jordan sues Daisy. If the jury finds that the plaintiff (Jordan) is 10% at fault and Daisy is 90 % at fault. Jordan will recover only 90% of the judgment that she was not at fault for. Alternatively, If the jury finds that the Jordan (the plaintiff) is 90% at fault, then she can recover only 10% of her damages.* In a **Modified Comparable Negligence** jurisdiction, if the plaintiff is **more at fault** than the defendant, then the plaintiff's recovery is barred entirely. (*Note: In some (rare) jurisdictions, plaintiff cannot recover if the parties are **equally** at fault.)* In circumstances with multiple defendants, the plaintiff's percent of fault is balanced against *all defendants combined*.

Question 67

What are the three types of product defects?

Answer 67

* Manufacturing defects - *e.g. a motorcycle has plastic bolts where there are supposed to be metal bolts; the motorcycle was defectively manufactured.* * Design defects; *The motorcycle was built as designed, but it is unstable when carrying a passenger or heavy rider; the motorcycle's design is defective.* * Failure to Warn; *The manufacturer should have warned riders that the motorcycle cannot accommodate passengers.*

Question 68

What are the elements of a defective product claim?

Answer 68

* The product was **defective** in design, manufacture, or failure to warn. * The defect existed when the product **left the defendant's control**; and * The defect caused the plaintiff's injury when the product was used **in a foreseeable way**.

Question 69

What are the **Two Tests** to determine if a product has a design defect?

Answer 69

**Consumer Expectation Test** - The product is defective in design if it is less safe than the average consumer would expect. **Risk-Utility Test** - The product is defective in design if the risks or its use outweigh the benefits; must include a showing that there is a reasonable alternative design. *Note: The more technical a product is, the more likely it is that experts will be required, and that the **Risk-Utility Test** will be applied.*

Question 70

What is the **learned intermediary rule**?

Answer 70

The **Learned Intermediary Rule** usually arises in prescription drug contexts, and essentially absolve a manufacturer of failure to warn the end-user when they fully inform a learned intermediary (I.E. a doctor or pharmacist). *Note: **does not** apply to drugs sold directly to consumers*.

Question 71

Who can be sued in a products liability case?

Answer 71

Anyone who **sells the product when it is defective** is potentially strictly liable. * The defendant must be in a chain of distribution, and *in the business* of selling the items. * Casual sellers are not strictly liable, but may be negligent. * The seller may seek **indemnification** from another party.

Question 72

What **damages** are available under strict products liability?

Answer 72

Generally, plaintiffs may recover for **property damage** or **personal injury**. **Purely Economic Loss** is generally unavailable, but may be brought as a breach of warranty claim.

Question 73

What are the implied product warranties?

Answer 73

* **Merchantability** - The product is suitable for *ordinary purposes* for which it is sold. * **Fitness for a Particular Purpose** - When the seller knows the particular purpose for which the product is being bought/sold, and the buyer relies upon the seller's judgement.

Question 74

What are the defenses for breach of warranty?

Answer 74

The standard tort defenses: * Assumption of the Risk * Comparative Fault * Contributory Negligence * Product Misuse

Question 75

What must a plaintiff prove to show **Defamation**?

Answer 75

* A defamatory statement by the defendant (*Must be FALSE)*; * Of and concerning the Plaintiff; * The statement was published to a third party who understood its defamatory nature; and * Damage to the plaintiff's reputation results. *Note: Anyone repeating a defamatory statement may also be held liable for defamation.*

Question 76

What are the three classes of defamation plaintiffs?

Answer 76

* **Public Officials** - A person who has a substantial responsibility or control over a government office, including political candidates. * **Public Figures** * **General Purpose Public Figure** - A person of persuasive power and influence in society. * **Limited Purpose Public Figure** - A person who thrusts himself into a particular question or incident. * **Private Individuals**

Question 77

Contrast the constitutional limitations on defamation suits on **Public Personas** vs **Private Individuals**.

Answer 77

**Public Officials / Figures**: The plaintiff must prove that the declarant either knew the statement was false, or acted with reckless disregard for the truth. **Private Individuals**: For matters of **Public Concern**, the plaintiff must prove that the statement is false, and that the person who made the statement was negligent with respect to the falsehood (ie should have known it was false). For matters not concerning the public, it is unclear if negligence must be proven.

Question 78

List the **Absolute Privileges** to defamation liability.

Answer 78

Statements Made: * In Judicial Proceedings * In Legislative Proceedings * Between Spouses * Required statements by radio and TV (*e.g. statements by a political candidate that a station must carry and may not censor*).

Question 79

List some **Conditional Privileges** that shield from defamation liability.

Answer 79

These are generally **Good Faith** statements that are made pursuant to some duty or responsibility; includes statements made: * In the interest of the defendant; * In the interest of the recipient of the statement; * Affecting some important public interest. *e.g. Your company is hiring someone. You tell HR that you think the applicant has embezzled money from another company. You may be protected if the statement was in good faith.*

Question 80

List the Privacy Torts (the four specific “Invasion of Privacy" causes of action)

Answer 80

Invasion of Privacy is a blanket term encompassing the four causes listed below. Generally, these apply to individuals only, not corporations. The rights usually die with the individual. **I-FLAP** * Intrusion upon Seclusion * *Defendant intrudes upon the plaintiff's private affairs in a manner objectionable to a reasonable person. e.g. Phone tapping, hacking medical records, peeping Toms.* * False Light * *Defendant (1) makes public facts about the plaintiff; (2) that place the plaintiff in a false light; (3) which would be highly offensive to a reasonable person. e.g. Writing a story about one person and including a mugshot of someone else.* * Appropriation of the Right to Publicity * *Defendant (1) appropriates another's name or likeness, (2) for the defendant's advantage, (3) without consent, and (4) causes injury.* * Public Disclosure of Private Facts