Torts 61-68 Flashcards
What are the elements of Intrusion of Privacy?
When:
D intrudes into the private affairs of P;
P has a reasonable expectation of privacy; AND
The intrusion is highly objectionable to a reasonable person.
Priority: Low
What are the elements of
Public Disclosure of Private Facts?
When defendant:
Caused widespread dissemination,
Of truthful private information,
That would be highly objectionable to a reasonable person.
*Newsworthiness is a defense unless actual malice is present.
Priority: Medium
What are the elements of
Intentional Interference with Business Relations?
There was a contract or business expectancy;
The defendant knows of the contract/expectancy;
The defendant intentionally induces another party to breach or terminate the contract/relationship;
A breach occurs; AND
Plaintiff suffered damages.
Priority: Low
What are the elements for
Intentional Misrepresentation?
Plaintiff must show:
Misrepresentation of material facts by the defendant;
The defendant knew the statement was false;
Intent of the defendant to induce the plaintiff;
Actual and reasonable reliance by the plaintiff; AND
Damages.
Priority: HIGH
What are the elements for
Negligent Misrepresentation?
Plaintiff must show:
A misrepresentation by the defendant;
Supplied for the guidance of others in a business transaction;
The defendant knew that the information was supplied to guide the plaintiff in his business transactions;
The defendant was negligent in obtaining/communicating the false information;
Actual and reasonable reliance by the plaintiff; AND
The false info proximately caused damages.
Pirority: HIGH
When is an action for Abuse of Process available?
When:
One party wrongfully uses the court process;
Against another for improper purpose;
An act or threat is used to accomplish that purpose; AND
Damages result.
Priority: Low
What are the elements of Malicious Prosecution?
Initiation of criminal proceedings against a plaintiff;
Claim was initiated for improper purpose;
The claim was not supported by probable cause;
The claim ended in the plaintiff’s favor; AND
The plaintiff suffered damages.
*Most states have expanded this tort to include wrongful civil proceedings.
Priority: Medium
Public Nuisance
vs.
Private Nuisance
Public Nuisance: (1) an unreasonable interference, (2) with the health, safety, or property rights, (3) of the community.
To recover damages, the injured party must show ACTUAL damages.
Private Nuisance: (1) a substantial and unreasonable interference, (2) with a person’s use/enjoyment of her property. (offensive/inconvenient/annoying)
Priority: HIGH
