Torts

Question 1

what are the 7 intentional torts?

Answer 1

1. Battery
2. Assault
3. False Imprisonment
4. Intentional Infliction of Emotional Distress
5. Trespass to land
6. Trespass to Chattel
7. Conversion

Question 2

what are the elements to battery?

Answer 2

1. harmful or offensive contact
2. contact is with the plaintiff’s person
   (contact does not have to be instantaneous)

Question 3

what are the elements to assault?

Answer 3

1. cause the P to have a reasonable apprehension of
2. an immediate battery
   (p has to be aware of threat)

Question 4

is words alone good for assault?

Answer 4

no, there has to be movement, to make the threat immediate.

Question 5

can words negate conduct in regards to assault?

Answer 5

yes.

Question 6

what is false imprisonment?

Answer 6

1. Physical restraint of P

2. confined in a bounded area

Question 7

does P have to be aware of false imprisonment?

Answer 7

yes

Question 8

can an omission to act be an act of restraint under false imprisonment?

Answer 8

yes.

Question 9

if there is a reasonable means to escape is it false imprisonment?

Answer 9

no.

Question 10

what are the elements to intentional infliction of emotional distress?

Answer 10

1. reckless or outrageous conduct

2. severely distresses P.

Question 11

what does outrageous means in regards to IIED?

Answer 11

excess all bounds of decency tolerated in a civil society

Question 12

what are the elements to trespass to land?

Answer 12

1. physical invasion of
2. Interference with P’s possession of land

intent is about where he is going, not whether he meant to trespass.

Question 13

what are the elements to trespass to chattel and conversion

Answer 13

1. intentional interference with P’s possession of personal property

Question 14

what is the difference between trespass to chattel and conversion?

Answer 14

trespass to chattel (slight harm) - get some damages

conversion (big harm) - price of item.

Question 15

what are the three defenses to intentional torts?

Answer 15

1. consent (express or implied)
2. defense
3. necessity

Question 16

what are the two different types of consent in regards to a defense to intentional tort?

Answer 16

1. express

2. implied whether by customary or body language

Question 17

can a plaintiff without capacity give consent?

Answer 17

no

Question 18

what are the elements to a defense OF to IIED?

Answer 18

1. D has to respond in proper timing
2. Have to have reasonable belief that threat is genuine
3. Force has to be proportionate

Question 19

what are the two different necessity defenses to IIED?

Answer 19

1. Public necessity - absolute defense

2. private necessity - have to pay compensatory damages

Question 20

what is a public necessity defense?

Answer 20

d commits a property tort in an emergency to protect a whole community or significant amount of people.

Question 21

what is a private necessity defense?

Answer 21

D commits a property tort in own self interest.

P cannot kick D off land until threat subsides.

Question 22

what are the elements of defamatory?

Answer 22

1. defamatory statement

2. publication

Question 23

what is a defamatory statement?

Answer 23

one that adversely affects reputation

Question 24

what are the 2 different types of defamation?

Answer 24

1. libel

2. slander

Question 25

what is the difference between libel and slander?

Answer 25

1. libel is written/ doesnt need to prove damages | 2. slander is spoken /oral. do need to prove damages.

Question 26

what types of slander dont need to prove damages?

Answer 26

1. relating to profession 2. moral turpitude 3. unchastity of women 4. loathsome disease

Question 27

what are the three defenses to defamation?

Answer 27

1. consent 2. truth 3. privilege

Question 28

what are the different types of privilege?

Answer 28

1. absolute privilege - spouses, officers of government in conduct of official duties 2. qualified privilege - a public interest in promotion canid expression 3. newsworthy

Question 29

if the defamatory statement is newsworthy what does the defendant have to prove.

Answer 29

If public figure, have to show D knew it was inaccurate or reckless. If private figure, have to show D acted negligently

Question 30

what are the common law privacy actions?

Answer 30

1. False Light 2. Intrusion 3. Disclosure 4. Appropriation

Question 31

what are the elements for false light?

Answer 31

1) widespread dissemination of material falsehood | 2) highly offensive to the average person

Question 32

what are the elements for intrusion

Answer 32

1. invasions of P's physical seclusion 2. highly offensive to an average person 3. must be place where you have a legitimately place of privacy.

Question 33

what are the elements for disclosure?

Answer 33

1. widespread disclosure of controversial information 2. highly offensive 3. exception: newsworthy

Question 34

what are the elements for appropriation?

Answer 34

using something that doesnt belong to you without their permission 3. newsworthy exception