Torts 1

Question 1

Intent

Answer 1

Intentional acts are acts done for the purpose of causing or with knowledge with a reasonable certainty that it will cause the result producing the injury

Question 2

TRANSFERRED INTENT

Answer 2

Arises when D acts with the intent to commit a given tort but:

a. commits original tort against a different person than intended.
b. commits a different tort than intended against original person.
c. commits a different tort against a different person than intended.

Question 3

ASSAULT

Answer 3

The intentional act causing a reasonable apprehension of imminent harmful or offensive contact.

Question 4

BATTERY

Answer 4

The intentional infliction of harmful or offensive bodily contact.

Question 5

FALSE IMPRISONMENT

Answer 5

The intentional confinement or restraint of a person to a bounded area by threats, by assertion of legal authority, or by actual physical restraint.

Question 6

DEFENSE - Shopkeeper’s Privilege

Answer 6

A shopkeeper may detain a suspect in a reasonable manner for a reasonable time to investigate the ownership of property when the shopkeeper has a reasonable belief that there has been a theft.

Question 7

Trespass to Land

Answer 7

The intentional act causing invasion or entry onto P’s land, without permission

Question 8

Trespass to Chattel

Answer 8

The intentional, unauthorized interference with the chattel of another causing damage.

Question 9

Conversion

Answer 9

The substantial interference with the personal property of another causing deprivation of possession.

The remedy and measure of damages for conversion is a full value.

Question 10

Intentional Infliction of Emotional Distress (IIED)

Answer 10

The intentional or reckless infliction of severe emotional or mental distress by extreme and outrageous conduct.

Question 11

Defense - Consent

Answer 11

The defense to intentional torts where it is informed, voluntary and given with legal capacity.

Question 12

Self-Defense

Answer 12

A person may use reasonable force to prevent threatened harmful or offensive bodily conduct, including deadly force, if threatened with death or serious bodily harm.

Question 13

Defense of Others

Answer 13

A person may use reasonable force to protect the safety of others.

Question 14

Defense of Property

Answer 14

A person may use reasonable force to protect his own property or the property of another, but deadly force cannot be used.

Question 15

Recapture of Chattel

Answer 15

A person may enter a wrongdoer’s land to recover chattel and may use reasonable force, but deadly force is not permitted. A person may enter the land of a third party to recover chattel at a reasonable time and peaceful manner.

Question 16

Privilege of Arrest

Answer 16

Proper execution of a valid warrant is a defense against intentional torts. Reasonable force may be used for such arrest.

Question 17

Defense - Necessity

Answer 17

A person has a privilege to harm the property of another where necessary to prevent great harm to third persons or to defendant himself. Private necessity requires that compensation be paid for actual damage to property. Public necessity does not.

Question 18

Nuisance

Answer 18

A private nuisance is an unreasonable and substantial interference with another’s use or enjoyment of his land. A plaintiff must demonstrate a possessory interest in the land.

A public nuisance is an unreasonable interference with the plaintiff’s use of public resources. A plaintiff must demonstrate that the harm to the plaintiff differs from the harm to the general public.

Remedies for nuisance include damages or injunctions.

Question 19

DEFAMATION

Answer 19

A false statement of material fact of or about the plaintiff published to another party causing damage to plaintiff’s reputation.

Question 20

Defamatory Statement

Answer 20

Oral Defamation is slander. Slander per se includes: morally reprehensible criminal behavior, loathsome disease, inability to conduct business or professional activities, or sexual misconduct.

Libel is written or printed defamation. Libel per se includes: morally reprehensible criminal behavior, loathsome disease, inability to conduct business or professional activities, or sexual misconduct.

Question 21

Publication

Answer 21

Publication occurs when the defamatory statement is seen or heard by someone other than the plaintiff.

Question 22

Damages (Defamation)

Answer 22

Damages for defamation include injury to reputation and are presumed if the defamation involves libel or slander per se; otherwise special damages are required.

Question 23

Constitutional Issues

Answer 23

Under New York Times v. Sullivan, a plaintiff who is a public official or public figure must prove actual malice and falsity. A public figure is one who injects himself into the public arena.

Under Gertz, a private figure in a matter of public concern must show at least negligence, but must show actual malice if seeking punitive damages.

Question 24

Actual Malice

Answer 24

Actual malice means that the statements were made with knowledge or reckless disregard of their truth or falsity.

Question 25

DEFENSE - Truth (Defamation)

Answer 25

The truth of a statement is a defense to a claim of defamation.

Question 26

DEFENSE - Absolute Privilege (Defamation)

Answer 26

There is an absolute privilege to make statements in legislative, judicial or government proceedings, and between husband and wife.

Question 27

DEFENSE - Qualified Privilege (Defamation)

Answer 27

There is a qualified privilege for statements made without malice relevant to public proceedings, or to the public interest, or to the interest of the recipient or to the interest of the speaker.

Question 28

Public Disclosure of Private Facts

Answer 28

Invasion of privacy based on public disclosure of private facts is the unreasonable disclosure of private facts about a person that a reasonable person would highly offensive.

Question 29

Intrusion Upon Seclusion

Answer 29

Invasion of privacy based on intrusion upon seclusion is an unreasonable intrusion upon a person’s peace and solitude by improper means that would be highly offensive to a reasonable person.

Question 30

False Light

Answer 30

Publicity or the publication of facts about a person placing the person in a false light that would be highly offensive to a reasonable person.

Question 31

Appropriation of Name/Likeness

Answer 31

The unauthorized use of the name or likeness of another, without consent, in a manner that implied endorsement of a product or cause.