Torts Elements

Question 1

Battery

Answer 1

• Harmful or offensive contact
• With the plaintiff’s person

damages not required

Question 2

Assault

Answer 2

• act by the defendant creating a reasonable apprehension in the plaintiff
• of immediate battery

fear not required, but knowledge is

Question 3

False Imprisonment

Answer 3

• an act or omission on the part of the defendant that confines or restains the plaintiff
• plaintiff must be confined in a bounded area

damages not required, but plaintiff’s knowledge is

Question 4

Intentional Infliction of Emotional Distress

Answer 4

• An act by defendant amounting to extreme or outrageous conduct
• plaintiff must suffer severe emotional distress

physical harm damages not required

recklessness is sufficient intent

Question 5

Trespass to Land

Answer 5

• physical invasion
• of plaintiff’s real property

damages not required

Question 6

Trespass to Chattels

Answer 6

• an act by the defendant that interferes with the plaintiff’s right of possession in chattel
• either by damaging or disposessing the chattel

actual damages required

Remedy is actual damages from harm to chattel or loss of use

Question 7

Conversion

Answer 7

• act by defendant that interferes with plaintiff’s right of possession in chattel
• interference is serious enough in nature or consequences to warrant defenant pay chattel’s full value

remedy is fair market value of chattel at the time of conversion

Question 8

Defenses to intentional torts

Answer 8

• consent
• protective privileges
• self-defense
• necessity (property torts only)

Question 9

Negligent Infliction of Emotional Distress

Answer 9

Breach: defendant creates a foreseeable risk of physical injury to the plaintiff

Plaintiff must:
* be within the zone of danger
* suffer physical symptoms from the distress

Question 10

Nuisance

Answer 10

a substantial, unreasonable interference with another private individual’s use or enjoyment of their property

Question 11

Defamation

Answer 11

• defamatory statement that idenfities the plaintiff
• published to a third party
• falsity of statement
• fault on part of defendant
• damage to plaintiff’s reputation

Question 12

Fault in defamation cases

Answer 12

public figure/official: actual malice (knowledge of falsity or reckless disregard)

private person but matter of public concern: negligence regarding the falsity

Question 13

Slander per se

Answer 13

• plaintiff’s business or profession
• plaitiff committed serious crime
• plaintiff engaged in serious sexual misconduct
• plaintiff has a loathesome disease

Damages are presumed

Question 14

Invasion of right to privacy

Answer 14

• appropriation of plaintiff’s picture or name
• intrusion on plaitiffs affairs or seclusion
• publication of facts placing plaintiff in a false light
• public disclosure of private facts about the plaintiff

(VA only recognizes the first)