Torts

Question 1

Negligence

Answer 1

Negligence requires 1) a duty to conform to a specific standard of conduct, 2) a breach of that duty, 3) that the breach is the actual and proximate cause of plaintiff’s injuries, and 4) damages.

Question 2

Assault

Answer 2

An intentional act by defendant causing a reasonable apprehension in plaintiff of immediate harmful or offensive contact to plaintiff’s person.

Question 3

Battery

Answer 3

Battery is the intentional, harmful or offensive contact to plaintiff’s person.

Question 4

False Imprisonment

Answer 4

False Imprisonment is an intentional act or omission on the part of the defendant that confines or restrains a plaintiff to a bounded area.

Question 5

Intentional Infliction of Emotional Distress

Answer 5

An intentional act by defendant amounting to extreme and outrageous conduct

Question 6

Trespass to Land

Answer 6

The intentional, physical invasion of plaintiff’s real property.

Question 7

Trespass to chattels

Answer 7

An intentional act by defendant that interferes with the plaintiff’s right of possession in a chattel.

Question 8

Conversion

Answer 8

An intentional act by defendant that substantially interferes with the plaintiff’s right of possession in a chattel.

Question 9

Defamation

Answer 9

Defendant published to a third party a false statement of or concerning the plaintiff which damaged the plaintiff’s reputation.

Question 10

*Defamation in matters of public concern

Answer 10

Defendant published to a third party a false statement of or concerning the plaintiff which damaged the plaintiff’s reputation.

Question 11

*Invasion of Right to Privacy

Answer 11

Includes appropriation of plaintiff’s Picture or name, intrusion on plaintiff’s affairs or seclusion, publication of facts placing plaintiff in a false light, or public disclosure of facts about plaintiff.

Question 12

Strict Liability

Answer 12

failure an absolute duty to make safe from an inherently dangerous activity which was the actual and proximate cause of plaintiff’s injury resulting in damages.

Question 13

Private Nuisance

Answer 13

a substantial, unreasonable interference with a private individuals use or enjoyment of property that he actually possesess or to which he has a right of immediate possession.

Question 14

Private Nuisance

Answer 14

a substantial, unreasonable interference with a private individuals use or enjoyment of property that he actually possesses or to which he has a right of immediate possession.