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July 2017 BAR > Torts > Flashcards

Torts Flashcards

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1
Q

what are the 7 intentional torts?

A
  1. Battery
  2. Assault
  3. False Imprisonment
  4. Intentional Infliction of Emotional Distress
  5. Trespass to land
  6. Trespass to Chattel
  7. Conversion
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2
Q

what are the elements to battery?

A
  1. harmful or offensive contact
  2. contact is with the plaintiff’s person
    (contact does not have to be instantaneous)
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3
Q

what are the elements to assault?

A
  1. cause the P to have a reasonable apprehension of
  2. an immediate battery
    (p has to be aware of threat)
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4
Q

is words alone good for assault?

A

no, there has to be movement, to make the threat immediate.

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5
Q

can words negate conduct in regards to assault?

A

yes.

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6
Q

what is false imprisonment?

A
  1. Physical restraint of P

2. confined in a bounded area

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7
Q

does P have to be aware of false imprisonment?

A

yes

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8
Q

can an omission to act be an act of restraint under false imprisonment?

A

yes.

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9
Q

if there is a reasonable means to escape is it false imprisonment?

A

no.

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10
Q

what are the elements to intentional infliction of emotional distress?

A
  1. reckless or outrageous conduct

2. severely distresses P.

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11
Q

what does outrageous means in regards to IIED?

A

excess all bounds of decency tolerated in a civil society

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12
Q

what are the elements to trespass to land?

A
  1. physical invasion of
  2. Interference with P’s possession of land

intent is about where he is going, not whether he meant to trespass.

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13
Q

what are the elements to trespass to chattel and conversion

A
  1. intentional interference with P’s possession of personal property
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14
Q

what is the difference between trespass to chattel and conversion?

A

trespass to chattel (slight harm) - get some damages

conversion (big harm) - price of item.

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15
Q

what are the three defenses to intentional torts?

A
  1. consent (express or implied)
  2. defense
  3. necessity
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16
Q

what are the two different types of consent in regards to a defense to intentional tort?

A
  1. express

2. implied whether by customary or body language

17
Q

can a plaintiff without capacity give consent?

A

no

18
Q

what are the elements to a defense OF to IIED?

A
  1. D has to respond in proper timing
  2. Have to have reasonable belief that threat is genuine
  3. Force has to be proportionate
19
Q

what are the two different necessity defenses to IIED?

A
  1. Public necessity - absolute defense

2. private necessity - have to pay compensatory damages

20
Q

what is a public necessity defense?

A

d commits a property tort in an emergency to protect a whole community or significant amount of people.

21
Q

what is a private necessity defense?

A

D commits a property tort in own self interest.

P cannot kick D off land until threat subsides.

22
Q

what are the elements of defamatory?

A
  1. defamatory statement

2. publication

23
Q

what is a defamatory statement?

A

one that adversely affects reputation

24
Q

what are the 2 different types of defamation?

A
  1. libel

2. slander

25
Q

what is the difference between libel and slander?

A
  1. libel is written/ doesnt need to prove damages

2. slander is spoken /oral. do need to prove damages.

26
Q

what types of slander dont need to prove damages?

A
  1. relating to profession
  2. moral turpitude
  3. unchastity of women
  4. loathsome disease
27
Q

what are the three defenses to defamation?

A
  1. consent
  2. truth
  3. privilege
28
Q

what are the different types of privilege?

A
  1. absolute privilege - spouses, officers of government in conduct of official duties
  2. qualified privilege - a public interest in promotion canid expression
  3. newsworthy
29
Q

if the defamatory statement is newsworthy what does the defendant have to prove.

A

If public figure, have to show D knew it was inaccurate or reckless.

If private figure, have to show D acted negligently

30
Q

what are the common law privacy actions?

A
  1. False Light
  2. Intrusion
  3. Disclosure
  4. Appropriation
31
Q

what are the elements for false light?

A

1) widespread dissemination of material falsehood

2) highly offensive to the average person

32
Q

what are the elements for intrusion

A
  1. invasions of P’s physical seclusion
  2. highly offensive to an average person
  3. must be place where you have a legitimately place of privacy.
33
Q

what are the elements for disclosure?

A
  1. widespread disclosure of controversial information
  2. highly offensive
  3. exception: newsworthy
34
Q

what are the elements for appropriation?

A

using something that doesnt belong to you without their permission

  1. newsworthy exception

July 2017 BAR (13 decks)

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