Torts Flashcards
What are the elements to battery?
(1) Harmful or offensive contact
(2) to plaintiffs person
(3) intent
(4) causation
* ** judged by reasonable person standard. Crowded world – contact is considered only if it has not been consented to. However consent will be implied for the ordinary contacts of everyday life. Plaintiffs person means anything connected to the plaintiff. Damage is not required.
What are the four intentional torts to a person?
Battery, assault, false imprisonment, IIED
What are the elements of an assault?
(1) an act by D creating a reasonable apprehension in P
(2) of immediate harmful or offensive contact to P’s person
(3) intent
(4) causation
* ** fear is not required to find apprehension, appear ability is enough. Words alone are not sufficient, they must be accompanied by an act to manifest into reasonable apprehension. But words can also undo a reasonable apprehension.
What are the elements to false imprisonment?
(1) an act or omission on the part of a D that confines or restraints P
(2) to a bounded area
(3) intent to confine
(4) causation
- -methods of confinement: sufficient acts of restrain include physical barriers, physical force, threats of force, failure to release, and invalid use of legal authority. Moral pressure and future threats are insufficient acts of restraint.
- -shopkeeper’s privilege: a shopkeeper/security officer can detain a suspected shoplifter for a reasonable period of time for the purpose of making an investigation.
* **P must know of the confinement or be harmed by the. So long as a person was confined for a period of time, length is immaterial.
What are the elements of intentional infliction of emotional distress?
(1) an act by D amounting to extreme and outrageous conduct
(2) intent or recklessness
(3) causation
(4) damages
* ** Extreme and outrageous conduct is conduct the transcends all bounds of decency. Look to factors of whether it was continuous or if it was against a special plaintiff.
- -special relationship: common carriers and innkeepers owe special duties to their patrons that will be a basis for liability even when the act is something less than outrageous.
- -by standard cases: when the defendant intentionally causes physical harm to a third person and the plaintiff suffered severe emotional distress because of it, the plaintiff may recover by showing either the prima fascie case elements of emotional distress or that (1) she was present when the injury occurred, (2) she is a close relative of the injured person and (3) the defendant knew facts (1) and (2).
What are the three intentional torts to property?
Trespass to land, trespass to chattels, and conversion.
What are the elements to trespass to land?
(1) physical invasion of P’s real property
(2) intent on the D’s part to bring about a physical invasion of P’s real property.
(3) causation.
- -invasion: maybe by person or object, and maybe the surface, the air above, or the subterranean space for a reasonable distance (beneficial use test). Invasion can also be construction of a building, which in part rest on another’s land (mistake of meets and bounds is no defense).
* ** if a person is invited onto a person’s land and stays beyond the scope of their invitation or goes to areas they’re not permitted they’re trespassers. Mistake is not a defense to trespass.
What are the elements to trespass to chattels?
(1) an act by D that interferes with P’s right of possession in a chattel
(2) intent
(3) causation
(4) actual damages
* ** mistake as to the lawfulness of D’s actions is no defense. Intent to do the act of interference with the chattel is sufficient. P may recover actual damages from harm to chattel or loss of use [if dispossession, damages based on rental value].
What are the elements to conversion?
(1) an act by D that interferes with P’s right of possession in a chattel
(2) so serious that it warrants requiring D to pat chattels full value
(3) intent
(4) causation
* **P may recover fair market value at the time of the conversion or possession [replevin]. The only intent required is the intent to perform the act that interferes with the P’s right of possession. Even if the conduct is wholly innocent, liability may attach where interference is serious in nature. Accidentally causing damage to or loss of another’s chattel does not amount to conversion unless the actor was using the chattel without permission when the accident occurred.
What are the defenses to intentional torts?
Consent, self-defense, defense of others, defense of property, privilege of arrest, necessity, discipline.
What are the elements to defamation?
(1) Defamatory language (2) of or concerning the P (3) published (4) that causes damage to the P’s reputation. (5) Falsity and (6) malice may be required depending on plaintiff.
Who may be liable for defamation?
(1) primary publisher: each individual who takes part in making the publication is charged with the publication as a primary publisher.
(2) republisher: a republish or will be held liable on the same general basis as primary publisher. This is so even if the repeater states the source or makes it clear that she does not believe the defamation.
(3) secondary publisher: one who is responsible only for disseminating materials that might contain defamatory material [a vendor of newspapers, a player of a tape] is viewed as a secondary publisher. Individuals are liable only if they know or should know of the defamatory content.
What are the significant difference btwn libel and slander?
Libel - Lible is a defamatory statement recorded in writing or some other permanent form. A libel may also be recorded by radio or television in some circumstances.
–Damages: in most jurisdictions general damages are presumed by law for all libels; i.e. special damages me not be established.
Slander - Slander is spoken defamation. It is to be distinguished from libel in that the defamation is in less permanent and less physical form.
- -Damages: In slander, injury to reputation is not presumed. Thus, ordinary slander is not actionable and absence of the pleading and proof of special damages. However, if the spoken defamation falls within one of the four categories, characterizes slander per se, and injury to reputation is presumed without proof of special damages. He’s back or categories are:
(1) Business or profession
(2) Loathsome disease
(3) Crime involving moral turpitude [accused of being a thief]
(4) Unchasity of woman
What are the First Amendment concerns when dealing with defamation suits?
Public official: a public official may not recover for defamatory words relating to his official conduct in the absence of clear and convincing proof that the statement was made with actual malice. Thus, knowledge that the statement was false, or reckless disregard as to its truth or falsity.
What are the defenses to a defamation suit?
Absolute privilege: under certain circumstances, the speaker is not liable for defamatory statements because he enjoys an absolute privilege. Such as the privileges are not affected by a showing of malice, abuse, or excessive provocation, as in the case of qualified privilege. Absolute privileges exist in the following cases: judicial proceedings, legislative proceedings, executive proceedings, and communications between spouses.
Qualified privilege: there is qualified privilege for reports of public hearings or meetings. This includes judicial, legislative, or executive proceedings as well as other proceedings of sufficient public interest, the privilege excuses accurate reports of statements that were false when made, but does not excuse inaccuracies in the reporting of the statement.