Intentional Torts

Question 1

Tort

Answer 1

Violation of a duty imposed by civil law resulting in injury to a person or property

Question 2

Categories of torts

Answer 2

1. Intentional
2. Business
3. Negligence
4. Strict liability
5. Products liability

Question 3

Intentional tort

Answer 3

-harm caused by a deliberate action
(Intentional=intent to act not to harm)

Question 4

Plaintiff must prove ALL elements of a claim by

Answer 4

A preponderance of the evidence standard.
(More likely not/51% probability)

Question 5

Plaintiff can win a tort claim by

Answer 5

Introducing sufficient evidence to ALL elements

Question 6

Defendant can win a tort claim if

Answer 6

a) introducing sufficient evidence to disprove any one element
b)successfully probing an affirmative defense

Question 7

Defamation

Answer 7

-false statement that harms someone’s reputation

a) slander-oral def
b) libel- written def

Question 8

Elements of defamation

Answer 8

1. Defamatory statement=factual statement that is likely to harm someone’s reputation
2. Falsity- a true statement cannot be defamatory
3. Communication to at least one other person than the plaintiff
4. Injury except in slander/libel

Question 9

Slander per se/ libel per se

Answer 9

a) injury presumed as matter of law
b) sexual behavior, crimes, disease

Question 10

Defenses to defamation

Answer 10

a) truth of statements in question
b) absolute privilege

Question 11

1.N.Y times Co v. Sullivan

2.Actual malice

Answer 11

1. Public officials must prove actual malice
2. Statement made with knowledge of falsity, or with reckless regard of the truth

Question 12

Elements of false imprisonment

Answer 12

a) intentional restraint
b)of another person
c) without reasonable cause
d) without consent

Question 13

Shopkeepers privilege: general rule- store can detain suspect without being liable for false imprisonment if:

Answer 13

1. Reasonable basis for suspicion and
2. Detention is reasonable (manner and duration)

Question 14

Defenses for false imprisonment

Answer 14

a) consent
b) shopkeeper’s privilege
c) lawful authority

Question 15

Elements of battery

Answer 15

a) intentional touching
b) of another person
c) in a way that is harmful or offensive

Question 16

Defense in battery

Answer 16

a) consent
b) defense

Question 17

Elements of assault

Answer 17

a) act intended to cause
b) reasonable apprehension
c) of harm or offensive contact
-essentially fear of battery
-no contact has to occur

Question 18

Defenses to assault

Answer 18

a) consent
b)defense

Question 19

Defenses to assault

Answer 19

a) consent
b)defense

Question 20

Intentional infliction of emotional distress elements

Answer 20

a) extreme or outrageous conduct
b) causing serious emotional harm

Question 21

Elements of trespass

Answer 21

a) intentional entry
b) onto the property of another without consent

Question 22

Defenses to trespass

Answer 22

a) consent
b) emergency situation

Question 23

Elements of conversion
Conversion=

Answer 23

a) taking or using
b) the personal property of another
Conversion= civil analog to crime or theft

Question 24

Defenses to conversion

Answer 24

a) consent
b) abandonment
c)authority of law
d) bona fide purchaser
e) necessity
f) ownership interest in property

Question 25

Fraud def= Elements of fraud

Answer 25

=deliberate deception of another person resulting in injury a) material misrepresentation b) falsity c) intent d) justifiable resilience

Question 26

Tortious interference with a contract

Answer 26

Competition for business is to be expected, but once a contract is signed it is improper to induce one side to break it

Question 27

Elements of tortious interference with a contract

Answer 27

1. Contract between plaintiff and third party 2. Defendant knew of contract 3. Defendant improperly induced third party to breach contract. 4. Injury to plaintiff

Question 28

Defenses of tortious interference with a contract (Justification)

Answer 28

1. Protection of defendants own existing economic interest 2. Acting in public interest (reporting fraud) 3. Contract between plaintiff and third party could be terminated at will by either side

Question 29

Tortious interference with a prospective economic advantage

Answer 29

“Catch all” Tort for businesses interference in situations without a contract

Question 30

Elements of tortious interference with a prospective economic advantage

Answer 30

1. Plaintiff had definite and reasonable expectation a) must show more than mere hope for profit 2. Of obtaining an economic advantage with 3rd party (no contract required) 3. Defendant maliciously interfered to prevent relationship from developing 4. Defendants conduct was independently unlawful

Question 31

Some defense to tortious interference with a prospective economic advantage

Answer 31

1. Justification 2. Defendant is competing for the same business as plaintiff

Question 32

False advertising- Lanham act

Answer 32

Protects businesses from unfair competition of false or misleading advertisements intended to harm another business

Question 33

Elements of false advertising

Answer 33

a) defendant made false or misleading fact statements about a product b) statements were material and likely to influence purchasing decisions c) statements were used in commercial advertising d) statements created likelihood of harm

Question 34

Damages- compensate damages

Answer 34

Amount of money intended to resolve plaintiff to same position as before defendants conduct caused injury

Question 35

Compensatory damages: Single recovery principle- Calculation of compensary damages-

Answer 35

1. Plaintiff only gets one opportunity to sue 2. Economic damages- specific monetary amounts (medical bill) Non economic damages- subjective non monetary loses (pain, mental anguish)

Question 36

Punitive damages

Answer 36

Intended to punish defendant for extreme or outrageous conduct