Intentional Torts Flashcards
(27 cards)
Battery - elements
(1) Harmful offensive contact (2) with P’s person (including attached things)NY “assault”
Assault - elements
(1) P in reasonable apprehension (2) of immediate batteryNY “attempted battery”
Assault - words alone?
Not without accompanying physical action
False imprisonment - elements
(1) Act of restraint; (2) Confinement in bonded area
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
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.
Trespass to chattels / conversion
Minor - trespass - monetary damagesMajor - conversion - forced sale - full market value
Defenses in intentional torts
Consent Self defense Defense of others Defense of property Necessity (property only)
Intentional tort defense: Consent
Legal capacity Express or implied (reasonable interpretation) No fraud/duress Within scope of consent
Intentional tort defense: Self defense
Timing - no revenge Force necessary to respond to threatReasonable belief of threatDeadly force - when life in jeopardyNY Duty to retreat EXC in home or policeman or cannot do so safely
Intentional tort defense: Defense of others
Belief: Must be correct! NY reasonable belief
Intentional tort defense: Defense of property
Reasonable belief. No deadly force (can bluff) No death traps
Intentional tort defense: Necessity
Private necessity:Liable for actual damage (not nominal/punitive)
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
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
Defamation - public concern defense
P must prove falsity and fault. (burden of proof shifted) Intent of recklessness - public figure Negligence sufficient - private figure
Privacy torts
Appropriation Intrusion False light Disclosure
Privacy tort - Appropriation
Use name/image for commercial advantage EXC: newsworthiness* only NY privacy tort *
Privacy tort - Intrusion
Invasion of seclusion Highly offensive to avg person Only when reasonable expectation of privacy NY No!
Privacy tort - False light
Widespead dissemination of major falsehood Highly offensive to avg person (No econ damages needed - unlike defamation) NY No!
Privacy tort - Disclosure
Widespread dissemination of confidential info (true!) Highly offensive to avg personDual life - not confidential NY - can use fiduciary duty theory
Economic torts
Fraud Malicious prosecution Inducing breach of contract NY Prima facie tort NY Theft of trade secrets
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]
Malicious prosecution - elements
(1) Crim / civ proceeding without probable cause (2) Case terminated in P’s favor (3) Brought for improper purpose
