Torts

Question 1

Elements of battery?

Answer 1

(1) D intends to cause contact with plaintiff’s (P’s) person; (2) D’s conduct causes such contact; and (3) The contact causes bodily harm or is offensive to P

Question 2

Elements of assault?

Answer 2

(1) D intends to cause P to anticipate (2) imminent, (3) harmful and offensive contact, and (4) D’s affirmative conduct causes P to anticipate such contact

Question 3

Elements of IIED?

Answer 3

(1) D intentionally or recklessly engages (2) in an act of extremely outrageous conduct (exceeding what is tolerated by reasonable society) (3) that causes emotional distress (4) that is severe

Question 4

Elements of false imprisonment?

Answer 4

(1) D intends to confine another within a limited area, (2) D’s conduct causes P’s confinement or D fails to release P from confinement despite a duty to do so, and (3) P is conscious of the confinement or harmed by it.

Question 5

Elements of trespass to chattels?

Answer 5

(1) D intentionally engages (2) in an act that either dispossesses, damages, or intermeddles (3) with P’s rightful possession of tangible personal property

Question 6

Elements of conversion?

Answer 6

(1) D intentionally engages (2) in an act that deprives or interferes with P’s rightful exercise dominion or control over chattel (4) that is so serious as to deprive P entirely of its use

Question 7

Elements of trespass to land?

Answer 7

(1) D intentionally causes (2) a physical invasion (3) of someone else’s land

Question 8

Elements of nuisance?

Answer 8

• Private—substantial and unreasonable interference with another’s use or enjoyment of his land
• Public—unreasonable interference with a right common to the general public; defenses in private nuisance generally applicable

Question 9

Elements of abatement?

Answer 9

• Private—Reasonable force permitted to abate; must give D notice of the nuisance and D refuses to act
• Public—Absent unique injury, public nuisance may be abated only by public authority

Question 10

Elements of defamation?

Answer 10

(1) D’s defamatory language (2) is false, (3) is of and concerning the P, (4) is published to a third party, and (5) damages P’s reputation

Question 11

Elements of intentional misrepresentation?

Answer 11

(1) when D falsely represents a material fact (2) that the D knew of or recklessly disregarded the falsity (3) in order to induce P to act and (4) causes P to act (5) in reliance on the falsity (6) which causes P pecuniary harm.

Question 12

Elements of negligent misrepresentation?

Answer 12

(1) When either P is in contractual relationship with D or D knows P is a member of a limited group for whose benefit the information is supplied, (2) D provided false information to P (3) as a result of D’s negligence in preparing the information (4) during the course of a business or profession (5) causing justifiable reliance and (6) incurring pecuniary damages.

Question 13

What are the invasion of privacy torts?

Answer 13

• Intrusion upon seclusion— (1) D’s act of intrusion into P’s private affairs (2) in a manner that is highly offensive to a reasonable person (no publication required) (NOT VA)
• False light—(1) the publication of facts about P or attributing views/actions to P (2) that place him in false light, (3) which would be objectionable to a reasonable person under circumstances (NOT VA)
• Misappropriation—(1) the appropriation of P’s picture or name (2) for D’s advantage (3) without P’s consent (4) that causes injury
• Public disclosure of private facts—(1) the public disclosure of private facts (even if true) about P (2) that would be highly offensive to a reasonable person and (3) is not of legitimate concern to the public

Question 14

Elements of NIED?

Answer 14

Zone of danger - P was within “zone of danger” (feared for safety); threat of physical impact caused emotional distress
* Proof: Majority—emotional distress must be manifested by physical symptoms (e.g., nightmares, shock, ulcers); minority—allow recovery without a physical manifestation of harm

Bystander recovery - A P outside the zone of danger can recover if: (i) closely related to person injured by D; (ii) present at the scene; and (iii) personally observed or perceived the injury
* Proof: Majority—requires physical symptoms (see above)

Special relationship - most common examples are a mortician mishandling a corpse or a common carrier mistakenly reporting the death of a relative—no threat of physical impact or physical symptoms required