Intentional Torts

Question 1

Assault

Answer 1

is defined as the threat of harmful or offensive touching-ALL BURDENS MUST BE MET
Intentional conduct on the part of the defendant
That caused reasonable apprehension on the part of the plaintiff
Imminent harmful or offensive contact
**reasonable apprehension- have to have knowledge that the contact is coming

Question 2

Battery

Answer 2

the actual harmful or offensive touching- ALL BURDENS MUST BE MET
Intentional conduct on the part of the defendant
Caused harmful or offensive contact to the plaintiff
Plaintiff did not consent to the contact
** in order to be guilty of assault or battery, need to intend to cause harm to the plaintiff, if intent or harm is not there cannot be an intentional tort and therefore cannot be assault or battery

Question 3

Defamation

Answer 3

act of harming reputation of another by making a false statement

Question 4

Parts of Defamation Claim

Answer 4

False statement
About a third party- must show that they were the person defamed or were among the group of people who were defamed
Fault amounting to actual malice or negligence- plaintiffs considered to be public officials, general purpose public officials, and limited purpose public figures must prove actual malice. Private figures must prove negligence.
Damages or harm to the person the statement is about

Question 5

Slander

Answer 5

defamatory statement that is transitory; generally this means that the statement is spoken Ex. Freddie Freeman’s agent sued the reporter for slander

Question 6

Libel

Answer 6

defamatory statement that is made in a fixed medium- newspaper or magazine, picture with no words, sign- DAMAGES

Question 7

Public officials

Answer 7

include school board members or the head of a county’s park and recreation department- must include statement was made with actual malice

Question 8

Public figure

Answer 8

celebrities or other well-known individuals who are in the public eye either because of their job or because they have put themselves into the public eye

Question 9

Private person

Answer 9

is one whose actions do not place them in the public spotlight

Question 10

Limited purpose public figure

Answer 10

Involved in a controversy or issue that is public and will impact more than those directly involved
Ex. Dr. Fauci
Has more than a trivial role in the controversy
Involves alleged defamation that is related to the plaintiffs role in the controversy

Question 11

Truth

Answer 11

first element that a plaintiff has to show in making a defamation claim is that the statement made by the defendant is false

Question 12

Privilege

Answer 12

in certain circumstances, an individual is immune from liability for defamatory statements

Question 13

Invasion of Privacy

Answer 13

The right to be left alone and to live your life as you choose free from assault, intrusion, or invasion, unless the invasion can be justified by the clear needs of the community

Question 14

Breach of Fiduciary Duty

Answer 14

A fiduciary relationship involves a person in a position of trust who acts for the benefit of another- avoid personal conflicts of interest- most common in athlete- coach

Question 15

Tortious Interference with Contract

Answer 15

A third party (the defendant) intends to harm one of the parties to the contract by interfering with the contractual relationship
There is no privilege or justification on the part of the third party
Damages