Torts - Intentional Torts Flashcards
Assault
An intentional act that creates reasonable apprehension of an immediate harmful or offensive physical contact. Fear.
Restatement of the Law of Torts, Second
An authoritative secondary source, written by a group of legal scholars, summarizing the existing common law, as well as suggesting what the law should be.
Battery
An intentional act that creates a harmful or offensive physical contact.
Transferred intent
A legal fiction that is a person directs a tortious action toward A but instead harms B, the intent to act against A is transferred to B.
False imprisonment
Occurs whenever one person, through force or the threat of force, unlawfully detains another person against his or her will.
Defamation
The publication of false statements that harm a person’s reputation.
Slander
Spoken defamation.
Libel
Written defamation.
Defamation per se
Remarks considered to be so harmful that they are automatically viewed as defamatory.
Malice
Making a defamatory remark either knowing the material was false or acting with a “reckless disregard” for whether or not it was true.
Invasion of privacy
An intentional tort that covers a variety of situations, including disclosure, intrusion, appropriation, and false light.
Disclosure
The intentional publication of embarrassing private affairs.
Intrusion
An intentional unjustified encroachment into another person’s private activities.
Appropriation
An intentional unauthorized exploitive use of another person’s personality, name, or picture for the defendant’s benefit.
False light
The intentional false portrayal of someone in a way that would be offensive to a reasonable person.
