Torts

Question 1

Battery – is an

Answer 1

(1) intentional, (2) harmful or offensive
contact (that offends a reasonable sense of personal
dignity), (3) with the P’s person (including anything
connected to P).

Question 2

Assault –

Answer 2

is an (1) intentional act, (2) that causes P to
be placed in reasonable apprehension, (3) of an
imminent harmful or offensive contact with P’s
person.

Question 3

False Imprisonment – is an

Answer 3

(1) intentional act, (2) to
restrain P to fixed boundaries (with no reasonable
means of escape), AND (3) P is aware of the
confinement or harmed by it.

Question 4

Intentional Infliction of Emotional Distress – is

Answer 4

(1) intentional or reckless conduct, (2) that was extreme
and outrageous (transcends all bounds of decency), (3)
that causes extreme emotional distress (causation),
AND (4) P actually suffers severe emotional distress
(damages).

Question 5

Trespass to Chattels – liable when:

Answer 5

1) D intentionally interferes with personal
property of another (damage, preventing use by
the owner); AND
2) The amount of damage is small.

Question 6

Conversion – liable when:

Answer 6

1) D intentionally interferes with personal
property of another (damage, preventing use),
AND
2) The amount of damage is substantial.

Question 7

Defamation

Common Law Elements:

Answer 7

1) A false (constitutional rules impact whether P has burden to prove falsity or D has burden to prove truth)
2) Defamatory statement—adversely affects P’s reputation
3) Concerning P—must be reasonably understood that the statement concerns a living P or a very small group of Ps
4) Publication—statement must be intentionally or negligently made to a third person

Question 8

Appropriation —

Answer 8

use of P’s name or likeness for commercial purposes (e.g., promotion or advertisement) without P’s consent

Question 9

False light —

Answer 9

widespread publication of a falsehood or material misrepresentation about P that would be highly offensive to a reasonable person

Includes mischaracterization of P’s views or conduct
Matters of public concern — D must have actual malice or reckless disregard for the truth of the matter publicized

Question 10

Intrusion upon seclusion —

Answer 10

intrusion upon P’s private affairs in a manner that would be highly offensive to a reasonable person

Requirements:
P must have a reasonable expectation of privacy

No reasonable expectation of privacy in public

Intrusion must be highly offensive — e.g., peeping, eavesdropping, or using hidden cameras in P’s domain

Question 11

Disclosure —

Answer 11

public disclosure of P’s private information

Requirements — disclosure must be:

Highly offensive to a reasonable person

Public activities are not objectionable

E.g., D announces that the mayor frequents strip clubs — no liability b/c the acts occur in public
Publicized — made available to a public audience

Question 12

Intentional Misrepresentation (fraud, deceit)

Elements:

Answer 12

-D misrepresents a past or present material fact
-D knows or believes the misrepresentation is false
-D intends to induce P to act or refrain from acting in reliance on the misrepresentation
-Actual reliance by P (causation)
P must actually rely on the misrepresentation
-Justifiable reliance by P
P must be justified in relying on the misrepresentation

Damages — P must suffer monetary loss

Question 13

Negligent Misrepresentation

Elements:

Answer 13

-D misrepresents a past or present material fact in a business or professional setting
-Breach of duty of care owed to a particular P (i.e., D knew P could rely on the misrepresentation)
-Actual and justifiable reliance by P
Damages — P must suffer monetary loss

Question 14

Attractive Nuisance – Landowner/Possessor owes a duty to child trespassers to make the premises
reasonably safe or warn of hidden dangers on the land.
− Will be liable if:

Answer 14

1) knows (should know) of a dangerous
artificial condition – likely to cause death or serious bodily injury;
2) knows (should know) children are likely
to frequent the area;
3) children are unlikely to discover the
condition or appreciate the risks; AND
4) the risk of harm outweighs the
expense of making the condition safe

Question 15

Injuries to rescuers are sufficiently foreseeable to satisfy proximate cause. As a result, a rescuer can recover for negligence if

Answer 15

(1) he/she was injured while attempting to rescue another and (2) that person’s peril was caused by the defendant’s negligence.