Torts: Basic Torts and Elements Flashcards
What are the elements of an intentional tort?
Act, intent, causation
What are the elements of battery?
1) Harmful or offensive contact with the person of another; 2) with the intent to cause such contact or apprehension of such conduct
What are the elements of assault?
1) reasonable apprehension; 2) imminent harmful or offensive bodily contact – or a threat with intent cause apprehension of such contact or the contact itself
What are the elements of intentional infliction of emotional distress?
1) intentional or recklessly acting with extreme or outrageous conduct; 2) that causes the P severe emotional distress
What are the elements of false imprisonment?
1) intending to confine or restrain another w/ fixed boundaries; 2) actions directly or indirectly result in confinement; and 3) other is conscious of confinement or harmed by it.
What are the elements of trespass to chattels?
Intentional interference w/ plaintiff’s right of possession by 1) dispossessing him of chattel or 2) using or intermeddling with chattel.
What are the elements of conversion?
Intentionally 1) deprives plaintiff of possession or 2) interferes so seriously as to deprive plaintiff of use of chattel
What are the elements of trespass to land?
Intentional act causes physical invasion of the land of another.
What are the elements of nuisance?
1) Substantially and unreasonably intefering with 2) the use or enjoyment of another’s land
What are the elements of negligence?
1) Duty; 2) Breach; 3) Causation; 4) Damages
What are the elements of strict liability?
1) Absolute duty to keep plaintiff’s person or property safe; 2) Breach; 3) Actual and proximate causation; and 4) damages.
What are three general situations where strict liability is imposed?
DAD - dangerous activities; animals; and defective or dangerous products
What are the elements of defamation?
1) Defendant’s defamatory language; 2) is of or concerning the plaintiff; is 3) published to a third party who understands the defamatory nature; 4) and it damages the plaintiff’s reputation.
What are the elements of intentional misrepresentation?
1) Defendant’s false representation of a material fact; 2) scienter (knowing); 3) with intent to induce plaintiff to act or not act (reliance); 4) Causation–caused plaintiff to act or not act; 5) pliaintiff’s reliance was justifiable; 6) and actual damages
What are the elements of negligent misrepresentation?
1) Providing false information; 2) because of D’s negligence; 3) during the course of business or profession; 4) causing plaintiff to rely; 5) and plaintiff is in a contractual relationship w/ D or is a third party known to D for whose benefit info is supplied
What are the elements of intentional interference with business relations?
1) A valid K between plaintiff & 3rd party; 2) D knew about contractual relationship; 3) D intentionally interfered so as to cause a breach; and 4) breach caused damages to P
What are the elements of trade libel?
1) publication of; 2) false and derogatory statement; 3) with malice; 4) relating to plaintiffs title to business property or quality of business or products; 5) causing special damages
What are the elements of slander of title?
1) publication; 2) of a false statement; 3) derogatory to plaintiff’s title; 4) with malice; 5) causing special damages; 6) because of diminished value in eyes of third parties.
What are the elements of malicious prosecution?
1) Intentionally and maliciously institutes/pursues or causes to institute or pursue;
2) for an improper purpose; 3) legal action w/o probable cause; 4) and action is dismissed in favor of person it was brought against.
What are the elements of abuse of process?
1) legal procedure set in motion in proper form; 2) that is “perverted” to accomplish an ulterior motive; 3) a willful act is perpetrated that is not proper in the regular conduct of the proceeding; 4) causing plaintiff to sustain damages.
