Intentional Torts

Question 1

The Plaintiff’s super-sensitivities are not to be taken into account unless . . .

Answer 1

there are facts showing the Defendant knew of them in advance

Question 2

_________ an be liable for intentional torts.

Answer 2

Everybody (including young children, mental incompetents, and drunks)

Question 3

A person “intends” the consequence of her action if it was her ________ to bring about the consequence or if she _______________________.

Answer 3

1) Purpose

2) knows to a degree of substantial certainty that the consequence will occur anyway.

Question 4

Transferred Intent

Answer 4

1) Intent can transfer from intended victim to actual victim

2) Intent can also transfer from intended tort to actual tort

Question 5

Battery

Answer 5

The harmful or offensive contact with the plaintiff’s person.
Offensive means unpermitted.

Question 6

Assault

Answer 6

The apprehension of an immediate contact.

1) must be a reasonable apprehension
2) don’t need to be scared or intimidated
3) apparent ability creates reasonable apprehension (unloaded gun/toy gun)
4) words are not enough - must be coupled with conduct

Question 7

False Imprisonment

Answer 7

Sufficient act of restraint to a bounded area

1) threats are enough
2) inaction is enough if there is an understanding that the D would act for the P’s benefit
3) an area is not bounded if there is a reasonable means of escape of which the plaintiff is aware
4) a mere inconvenience is not enough to constitute a bounded area.

Question 8

Intentional Infliction of Emotional Distress

Answer 8

Outrageous conduct and damages

Damages: proof of severe emotional distress

Question 9

Outrageous conduct (for IIED)

Answer 9

Continuous insulting conduct. Types of plaintiffs that are more sensitive to outrageous conduct

1) young children
2) elderly persons
3) pregnant women

Types of defendants that make the conduct more outrageous:
1) common carriers (bus drivers)
2) Innkeepers
But, plaintiff must be a passenger or a guest.

Question 10

Intent for IIED

Answer 10

1) Recklessness can suffice

2) Transferred intent is normally unavailable EXCEPT when D knows that close relative is watching battery

Question 11

Intentional Torts to Property

Answer 11

1) Trespass to Land

2) Trespass to Chattels and Conversion

Question 12

Trespass to Land

Answer 12

Active physical invasion AND land

1) No need to show knowledge of crossing a property line
2) propelling a physical object onto property will suffice
3) Land includes the airspace above and the subsurface below so long as we are at a distance where the landowner can make a reasonable use of the space

Question 13

Trespass to Chattels and Conversion

Answer 13

Active invasion to personal property

1) If there is SOME damage to the personal property, it is trespass to chattels.
2) If there is A LOT of damage to the personal property, it is conversion. Can include serious interference with possessory rights.

Question 14

Defenses to Intentional Torts

Answer 14

1) Consent
2) Self-Defense
3) Defense of Others
4) Defense of Property
5) Necessity
6) Discipline

Question 15

Consent

Answer 15

This is defense to all intentional torts and defamation and libel
The plaintiff must have capacity to consent. Those who lack capacity include:
1) Children
2) Mentally impaired
3) Person who is coerced/forced
4) Person who gives consent due to fraud or mistake

Question 16

Express and Implied Consent

Answer 16

Express: Where words were used
Implied: Arises through custom and usage or through a P’s own conduct (ex: playing sports)

Question 17

Self-Defense

Answer 17

A person is justified in using reasonable force to prevent what she reasonably believes to be an imminent threat of force against her.

1) The use of deadly force is reasonable only when the defender reasonably believes that she is facing a threat of deadly force herself
2) Courts are divided on the question of whether a retreat is required before deadly force may be used. Modern trend requires a retreat before using deadly force unless you are in your own home.

Question 18

Defense of Others

Answer 18

A person may defend another person in the same manner and under the same conditions as the person attacked would be entitled to defend himself.

Question 19

Defense of Property

Answer 19

A person may use reasonable force to defend his real or personal property. However, deadly force may NEVER be used to protect property alone.

1) You can only use reasonable force to recapture property when you are in hot pursuit of that property
2) A shopkeeper can detain a suspected shoplifter in a reasonable manner and for a reasonable period of time (but shoplifter can raise the tort of false imprisonment)

Question 20

Necessity

Answer 20

Necessity is used only in conjunction with intentional torts to property (trespass to land, trespass to chattel, conversion)

Question 21

Public Necessity and Private Necessity

Answer 21

1) Public Necessity: An unlimited privilege to protect a lot of people
2) Private Necessity: A qualified privilege to protect a limited number of people. Ex: landing a plane on someone’s farm land when experiencing engine trouble - but still have to pay for damages to farm land

Question 22

Discipline

Answer 22

A parent or teacher can use reasonable force when disciplining children.

Question 23

Defamation

Answer 23

A defamatory statement is one that injures the plaintiff’s reputation.

1) False and defamatory statement
2) concerning the plaintiff
3) published to a third party (communicated)
4) Damages

Question 24

Slander

Answer 24

When defamation is spoken. The plaintiff must prove special damages

Question 25

Libel

Answer 25

When defamation is written or broadcast. Juries may presume damages

Question 26

Slander per se

Answer 26

A plaintiff can recover presumed damages in cases of slander per se. Traditional categories: 1) statements that attack the P's trade or profession 2) statements that accuse P of committing a serious crime 3) statements that imply P has a loathsome disease 4) statements that impute un-chastity to a woman

Question 27

Common Law Defenses to Defamation

Answer 27

1) Truth 2) Absolute Privilege (statements made in course of judicial proceeding, legislative proceedings, or communications between spouses) 3) Qualified Privilege (during course of legitimate public debate or to serve the interest of the person receiving the info)

Question 28

Constitutional Limitations on Defamation

Answer 28

The First Amendment protects speech on matters of public concern. In cases involving such speech, the Supreme Court has added two elements to the plaintiff's prima facie case: 1) The plaintiff must prove that the statement was false 2) The plaintiff must prove the level of fault For public persons, the plaintiff must prove actual malice (knowledge of falsity OR reckless disregard of the truth) For private persons, the plaintiff must prove fault amounting to at least negligence. All plaintiffs must prove actual malice to recover punitive damages

Question 29

Invasion of Right to Privacy

Answer 29

1) Appropriation 2) Intrusion 3) False Light 4) Public Disclosure of Private Facts

Question 30

Appropriation

Answer 30

Use of the plaintiff's name or picture for commercial advantage (in advertising, promotional, or labeling purposes) without permission. Limitation: Newsworthy uses of a celebrity's name or likeness is not appropriation.

Question 31

Intrusion

Answer 31

Interference with a plaintiff's seclusion in a way that would be highly offensive to a reasonable person (eavesdropping device, telescope pointed at window) Limitation: Plaintiff must be in a place where she has an expectation of privacy.

Question 32

False Light

Answer 32

The widespread dissemination of information that is in some way inaccurate and that would be highly offensive to a reasonable person

Question 33

Public Disclosure of Private Facts

Answer 33

The widespread dissemination of factually accurate information that would normally be confidential, and the disclosure of which would be highly offensive to a reasonable person. Limitation: newsworthy disclosures - a legitimate public interest in the info - are not actionable

Question 34

Defenses to Invasions of Privacy

Answer 34

1) Consent 2) Absolute and Qualified Privileges (from defamation claims) BUT this only applies to false light and public disclosure claims

Question 35

Fraud

Answer 35

1) Affirmative misrepresentation by the defendant 2) Fault (scienter must be shown bc fraud is an intentional cause of action) 3) Intention to induce reliance (must be material) 4) Actual and justifiable reliance 5) Damages

Question 36

Negligent Misrepresentation

Answer 36

Done carelessly rather than intentionally 1) liability normally confined to commercial transactions 2) liability normally confined to a particular plaintiff whose reliance is contemplated

Question 37

Intentional Interference with Business Relations

Answer 37

1) Inducing Breach of Contract 2) Interference with Contractual Relations 3) Interference with Prospective Economic Advantage

Question 38

Inducing Breach of Contract

Answer 38

An intentional action that causes a third person to breach an existing contract with the plaintiff.

Question 39

Interference with Contractual Relations

Answer 39

A defendant may be liable if interference with a plaintiff's contractual relations makes performance more difficult, even if the interference does not actually cause a breach.

Question 40

Interference with Prospective Economic Advantage

Answer 40

A defendant may be liable for interfering with a plaintiff's expectation of economic benefit from third persons, even in the absence of a contract. BUT, the law gives defendants wide latitude to protect their own economic interest. This claim is often hard to prove.

Question 41

Wrongful Institution of Legal Proceedings

Answer 41

1) Malicious Prosecution - proceedings are brought against a person for improbable cause or for a malicious purpose 2) Abuse of Process - wrongly using any form of legal process for an ulterior motive or improper cause