Torts: Basic Torts and Elements

Question 1

What are the elements of an intentional tort?

Answer 1

Act, intent, causation

Question 2

What are the elements of battery?

Answer 2

1) Harmful or offensive contact with the person of another; 2) with the intent to cause such contact or apprehension of such conduct

Question 3

What are the elements of assault?

Answer 3

1) reasonable apprehension; 2) imminent harmful or offensive bodily contact – or a threat with intent cause apprehension of such contact or the contact itself

Question 4

What are the elements of intentional infliction of emotional distress?

Answer 4

1) intentional or recklessly acting with extreme or outrageous conduct; 2) that causes the P severe emotional distress

Question 5

What are the elements of false imprisonment?

Answer 5

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.

Question 6

What are the elements of trespass to chattels?

Answer 6

Intentional interference w/ plaintiff’s right of possession by 1) dispossessing him of chattel or 2) using or intermeddling with chattel.

Question 7

What are the elements of conversion?

Answer 7

Intentionally 1) deprives plaintiff of possession or 2) interferes so seriously as to deprive plaintiff of use of chattel

Question 8

What are the elements of trespass to land?

Answer 8

Intentional act causes physical invasion of the land of another.

Question 9

What are the elements of nuisance?

Answer 9

1) Substantially and unreasonably intefering with 2) the use or enjoyment of another’s land

Question 10

What are the elements of negligence?

Answer 10

1) Duty; 2) Breach; 3) Causation; 4) Damages

Question 11

What are the elements of strict liability?

Answer 11

1) Absolute duty to keep plaintiff’s person or property safe; 2) Breach; 3) Actual and proximate causation; and 4) damages.

Question 12

What are three general situations where strict liability is imposed?

Answer 12

DAD - dangerous activities; animals; and defective or dangerous products

Question 13

What are the elements of defamation?

Answer 13

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.

Question 14

What are the elements of intentional misrepresentation?

Answer 14

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

Question 15

What are the elements of negligent misrepresentation?

Answer 15

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

Question 16

What are the elements of intentional interference with business relations?

Answer 16

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

Question 17

What are the elements of trade libel?

Answer 17

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

Question 18

What are the elements of slander of title?

Answer 18

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.

Question 19

What are the elements of malicious prosecution?

Answer 19

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.

Question 20

What are the elements of abuse of process?

Answer 20

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.