Intentional Torts

Question 1

Liability for intentional tort; bankruptcy

Answer 1

Intentional tort cannot be discharged in bankruptcy

Question 2

Assault

Answer 2

A
(1) Physical act
(2) of a threatening nature
(3) Which puts an individual in reasonable fear
(4) of imminent bodily harm

Question 3

Battery

Answer 3

(1) An act that was
(2) Intended to cause
and;
(3) Did cause
(4) harmful or offensive contact upon the body of another

Question 4

Eggshell plaintiff rule for battery?

Answer 4

No, bro

Question 5

False imprisonment

Answer 5

(1) Compelling a person to remain where they do not wish to remain
(2) Or compelling a person to go where they do not wish to go
(3) using force or threats

Question 6

Intentional Infliction of Emotional Distress

Answer 6

One who by
(1) Extreme and outrageous conduct
[offends generally accepted standards of decency and morality]
(2) Intentionally or recklessly
(3) Causes severe emotional distress to another

Question 7

Defamation

Answer 7

False statements that harm the reputation of another.

Could open the mup to hatred comtempt or ridicule

Question 8

New York Times v. Sullivan

Answer 8

Supreme Court held that First amendment prrohbits finding someone liable for damages from libel where the plaintiff is a public official, unless the false statement was made with actual malice

Question 9

Private parties get the sullivan standard when

Answer 9

The statement is a matter of public concern

Question 10

Falwell

Answer 10

Cannot deal IIED damages for statements toward a public official especially when no reasonable person can belive the statements in the writing are true.

Question 11

Consent is a defense

Answer 11

to intentional torts

Question 12

Is mutual combat a case of consent

Answer 12

Courts differ on whether or not mutual combat in anger is a defense to intentional tort

Question 13

defense to battery

Answer 13

A person has a defense to battery if the person subjectively and reasonably believed that their life was in danger, or that they were in danger of severe bodily harm, and the person responded with force that was reasonable under the circumstances.

Question 14

Property owner may use…

Answer 14

reasonable force in protection of property, but they cannot use deadly force, except when permitted in self defense

Question 15

If a person threatened with loss of life or severe bodily harm,

Answer 15

The person intentionally may use property belonging to another if the person subjectively and reasonably believed that it was necessary to prevent the harm - 5th amendement