Intentional torts Flashcards Preview

NY Bar 2014 > Intentional torts > Flashcards

Flashcards in Intentional torts Deck (27):
1

Battery - elements

(1) Harmful offensive contact
(2) with P's person (including attached things)

*NY* "assault"

2

Assault - elements

(1) P in reasonable apprehension
(2) of immediate battery

*NY* "attempted battery"

3

Assault - words alone?

Not without accompanying physical action

4

False imprisonment - elements

(1) Act of restraint
(2) Confinement in bonded area

5

Intentional infliction of emotional distress - elements

(1) Outrageous conduct (EXC mere insult; 1st amendment)
(2) produces severe distress (No evidence or physical symptoms required)
Intent: recklessness sufficient

When mere insult is deemed outrageous: Inkeeper, common carrier, member of fragile class

6

Trespass to land - elements

(1) Act of physical invasion
(2) which interferes with P's exclusive possession of land
Intent - only to actually be there. No knowledge of ownership required.

7

Trespass to chattels / conversion

Minor - trespass - monetary damages
Major - conversion - forced sale - full market value

8

Defenses in intentional torts

Consent
Self defense
Defense of others
Defense of property
Necessity (property only)

9

Intentional tort defense: Consent

Legal capacity
Express or implied (reasonable interpretation)
No fraud/duress
Within scope of consent

10

Intentional tort defense: Self defense

Timing - no revenge
Force necessary to respond to threat
Reasonable belief of threat
Deadly force - when life in jeopardy
*NY* Duty to retreat EXC in home or policeman or cannot do so safely

11

Intentional tort defense: Defense of others

Belief: Must be correct!
*NY* reasonable belief

12

Intentional tort defense: Defense of property

Reasonable belief.
No deadly force (can bluff)
No death traps

13

Intentional tort defense: Necessity

Private necessity:
Liable for actual damage (not nominal/punitive)

14

Defamation - elements

(1) Defamatory - to reputation!
(2) Specifically identified P
(3) Publication
(4) Damages
- Per se: presumed damages (injurious to business, moral turpitude, loathsome diseases, etc)
- Non per se: prove economic loss

15

Defamation defenses

Consent
Truth (P doesn't need to prove falsity!)
Privileges:
Absolute: spouses, court, media in public proceedings
Qualified: candor (recommendation etc) in good faith and relevant

16

Defamation - public concern defense

P must prove falsity and fault. (burden of proof shifted)

Intent of recklessness - public figure
Negligence sufficient - private figure

17

Privacy torts

Appropriation
Intrusion
False light
Disclosure

18

Privacy tort - Appropriation

Use name/image for commercial advantage
EXC: newsworthiness
* only NY privacy tort *

19

Privacy tort - Intrusion

Invasion of seclusion
Highly offensive to avg person
Only when reasonable expectation of privacy
*NY* No!

20

Privacy tort - False light

Widespead dissemination of major falsehood
Highly offensive to avg person
(No econ damages needed - unlike defamation)
*NY* No!

21

Privacy tort - Disclosure

Widespread dissemination of confidential info (true!)
Highly offensive to avg person
Dual life - not confidential

*NY* - can use fiduciary duty theory

22

Economic torts

Fraud
Malicious prosecution
Inducing breach of contract
*NY* Prima facie tort
*NY* Theft of trade secrets

23

Fraud - elements

(1) Misrep fact (not silence or failure to warn)
(2) By intent or recklessness
(3) Intend to induce reliance by P (not 3rd party)
(4) Actual reliance
(5) Damages

[No defenses]

24

Malicious prosecution - elements

(1) Crim / civ proceeding without probable cause
(2) Case terminated in P's favor
(3) Brought for improper purpose

25

Prima facie tort *NY only*

Intentionally
inflicting economic harm
without justification
Intent: To do harm
Damages: Must be proven

26

Inducing breach of contract

(1) Valid contract between P and 3rd
(2) Knowledge of contract by D
(3) D persuades 3rd to abandon
(4) Breach of contract by 3rd

[Defense: Special relationship D - 3rd]

27

Theft of trade secrets *NY only*

(1) Valid trade secret
(2) Secret taken by improper means

Trade secret: (1) advantage to possessor, (2) not generally known, (3) owner makes effort to keep secret

Improper means: resigning employee or industrial espionage