Torts Flashcards
what are the 7 intentional torts?
- Battery
- Assault
- False Imprisonment
- Intentional Infliction of Emotional Distress
- Trespass to land
- Trespass to Chattel
- Conversion
what are the elements to battery?
- harmful or offensive contact
- contact is with the plaintiff’s person
(contact does not have to be instantaneous)
what are the elements to assault?
- cause the P to have a reasonable apprehension of
- an immediate battery
(p has to be aware of threat)
is words alone good for assault?
no, there has to be movement, to make the threat immediate.
can words negate conduct in regards to assault?
yes.
what is false imprisonment?
- Physical restraint of P
2. confined in a bounded area
does P have to be aware of false imprisonment?
yes
can an omission to act be an act of restraint under false imprisonment?
yes.
if there is a reasonable means to escape is it false imprisonment?
no.
what are the elements to intentional infliction of emotional distress?
- reckless or outrageous conduct
2. severely distresses P.
what does outrageous means in regards to IIED?
excess all bounds of decency tolerated in a civil society
what are the elements to trespass to land?
- physical invasion of
- Interference with P’s possession of land
intent is about where he is going, not whether he meant to trespass.
what are the elements to trespass to chattel and conversion
- intentional interference with P’s possession of personal property
what is the difference between trespass to chattel and conversion?
trespass to chattel (slight harm) - get some damages
conversion (big harm) - price of item.
what are the three defenses to intentional torts?
- consent (express or implied)
- defense
- necessity
what are the two different types of consent in regards to a defense to intentional tort?
- express
2. implied whether by customary or body language
can a plaintiff without capacity give consent?
no
what are the elements to a defense OF to IIED?
- D has to respond in proper timing
- Have to have reasonable belief that threat is genuine
- Force has to be proportionate
what are the two different necessity defenses to IIED?
- Public necessity - absolute defense
2. private necessity - have to pay compensatory damages
what is a public necessity defense?
d commits a property tort in an emergency to protect a whole community or significant amount of people.
what is a private necessity defense?
D commits a property tort in own self interest.
P cannot kick D off land until threat subsides.
what are the elements of defamatory?
- defamatory statement
2. publication
what is a defamatory statement?
one that adversely affects reputation
what are the 2 different types of defamation?
- libel
2. slander
what is the difference between libel and slander?
- libel is written/ doesnt need to prove damages
2. slander is spoken /oral. do need to prove damages.
what types of slander dont need to prove damages?
- relating to profession
- moral turpitude
- unchastity of women
- loathsome disease
what are the three defenses to defamation?
- consent
- truth
- privilege
what are the different types of privilege?
- absolute privilege - spouses, officers of government in conduct of official duties
- qualified privilege - a public interest in promotion canid expression
- newsworthy
if the defamatory statement is newsworthy what does the defendant have to prove.
If public figure, have to show D knew it was inaccurate or reckless.
If private figure, have to show D acted negligently
what are the common law privacy actions?
- False Light
- Intrusion
- Disclosure
- Appropriation
what are the elements for false light?
1) widespread dissemination of material falsehood
2) highly offensive to the average person
what are the elements for intrusion
- invasions of P’s physical seclusion
- highly offensive to an average person
- must be place where you have a legitimately place of privacy.
what are the elements for disclosure?
- widespread disclosure of controversial information
- highly offensive
- exception: newsworthy
what are the elements for appropriation?
using something that doesnt belong to you without their permission
- newsworthy exception
