Torts: Elements

Question 1

Battery (3)

Answer 1

(1) harmful or offensive contact with the person of another
(2) caused by D
(3) D intended contact or apprehension of it

Question 2

Assault (4)

Answer 2

(1) reasonable apprehension
(2) of imminent harmful or offensive contact
(3) caused by D’s action/threat
(4) D intended apprehension or contact itself

Question 3

IIED (3)

Answer 3

(1) D intentionally or recklessly engaged in
(2) extreme and outrageous conduct
(3) that causes P severe emotional distress

Question 4

False Imprisonment (3)

Answer 4

(1) D intends to confine P within a limited area
(2) D’s conduct causes confinement/fails to release from confinement despite a duty to do so and
(3) P is conscious of it OR harmed by it

Question 5

Defamation (4)

Answer 5

(1) Defamatory language
(2) Of/concerning P
(3) Published to a third party who understands its nature
(4) That damages P’s reputation
(If public figure: actual malice)
(If private figure: negligence)

Question 6

Negligence (4)

Answer 6

(1) D has a duty,
(2) Which they breach,
(3) and that breach causes
(4) P’s harm

Question 7

Negligence Per Se (4)

Answer 7

(1) D violated a statute
(2) the statute intended to protect against the type of harm P suffered
(3) the statute intended to protect the class of persons P is in
(4) D’s violation caused P’s injuries

Question 8

Res Ipsa Loquitur (3)

Answer 8

(1) P suffered a type of harm that is usually caused by negligence
(2) D was in exclusive control of the instrument of harm
(3) P did not contribute to their harms

Question 9

Trespass (2)

Answer 9

(1) D physically invades P’s land
(2) with the intent to enter land

liable for nominal and actual damages

Question 10

Conversion (2)

Answer 10

(1) D deprives P of her chattel OR harms it so much it effectively deprives her of use
(2) with the intent to do the act (not to cause the interference)

liable for fair market value of chattel

Question 11

Trespass to Chattels (2)

Answer 11

(1) D uses, dispossesses, OR damages P’s property
(2) with the intent to do the act (not to cause the interference)

liable for actual damages

Question 12

Private Nuisance (1)

Answer 12

D substantially and unreasonably interferes with P’s ability to use and enjoy their land

Question 13

Public Nuisance (1)

Answer 13

D unreasonably interferes with a right common to the public as a whole

if suit by private individual, must show harm suffered was different in kind from rest of public

Question 14

Four Types of Invasion of Privacy Claims

Answer 14

(1) Misappropriation of the Right to Publicity
(2) Intrusion Upon Seclusion
(3) False Light
(4) Public Disclosure of Private Facts

Question 15

Intrusion Upon Seclusion (2)

Answer 15

(1) D intrudes on P’s private affairs
(2) in a manner highly offensive to a reasonable person

no publication requirement

Question 16

False Light (4)

Answer 16

(1) D maliciously
(2) makes facts about P public
(2) That put P in a false light
(3) And is highly offensive to a reasonable person

Question 17

Misappropriation of the Right to Publicity (4)

Answer 17

(1) D appropriate’s P’s name or likeness
(2) for D’s own advantage
(3) without consent
(4) and causes injury to P

Question 18

Public Disclosure of Private Facts (4)

Answer 18

(1) D publicizes a matter concerning P’s private life
(2) the matter is not of legitimate concern to the public
(3) and is highly offensive to a reasonable person
(4) and causes harm to P

Question 19

Products Liability (3)

Answer 19

(1) the product was defective
(2) the defect existed at the time the product left D’s control
(3) the defect caused P’s injury when used in a foreseeable way

Question 20

NIED Zone of Danger (2)

Answer 20

(1) P was in the zone of danger of threatened physical impact
(2) Threat of impact caused emotional distress

Question 21

NIED Bystander (3)

Answer 21

(1) P is closely related to person injured by D
(2) P was present at scene of injury
(3) P personally witnessed the injury

Question 22

Intentional Misrepresentation (5)

Answer 22

(1) D misrepresented a material fact, opinion, law, or intention
(2) maliciously (knew it was false or acted with reckless disregard as to its falsity)
(3) to induce P into relying on it
(4) P justifiably relies on it
(5) it caused P harm.

Question 23

Intentional Interference with a Contract (5)

Answer 23

(1) A valid contract existed,
(2) D knew of the relationship,
(3) D intentionally interfered with the contract,
(4) causing a breach in the contract,
(5) and that breach caused damages to P.

Question 24

Attractive Nuisance (5)

Answer 24

(1) artificial condition exists on land where D knows or should know children will trespass
(2) D has reason to know it poses an unreasonable risk of death or injury to kids
(3) kids, because they’re young, can’t appreciate the risk of danger
(4) burden of reducing danger is outweighed by risk of harm
(5) D fails to exercise reasonable care

Question 25

Negligent Misrepresentation (5)

Answer 25

(1) D provided false info to P
(2) As a result of D’s negligence
(3) in the course of D’s business
(4) P justifiably relied on the information and suffered loss and
(5) either P has K with D OR P is known to be person to receive the info from D

Question 26

Abuse of Process (4)

Answer 26

(1) D came after P through the court
(2) Willfully
(3) To accomplish an ulterior motive
(4) And it harmed P