Torts Flashcards
(23 cards)
Elements of battery
- Intent
- D must commit a harmful or offensive contact
- Contact must be with P’s person (holding, touching, or connected to)
Elements of assault
- Intent
- D must place P in reasonable apprehension
- Apprehension must be of an immediate battery
Elements of false imprisonment
- Intent
- D must commit an act of restraint
- P must be confined in a bounded area
Elements of intentional infliction of emotional distress
- Intent
- D must engage in outrageous conduct
- P must suffer emotional distress
Elements of trespass to land
- Intent
- D must commit an act of physical invasion
- Act must interfere with P’s exclusive possession of land
Elements of trespass to chattels
Intentional interference with item of personal property (smaller harm)
Elements of conversion
Intentional interference with item of personal property (larger harm)
Tort affirmative defenses (4 types)
- Consent
- Protective privileges (self-defense, defense of others, defense of property)
- Force
- Necessity
Elements of defamation
- Intent
- D must make a defamatory statement that specifically identifies the P
- Must be publication of that statement
- Must be damages
Types of slander per se (4 types)
- Statement related to P’s profession or business
- Statement that P committed a crime of moral turpitude
- Statement imputing unchastity to a woman – note chastity means “virginity”
- Statement that P suffers from a loathsome disease (leprosy or STD)
Types of slander defense
- Consent
- Truth
- Absolute privileges (flowing from whom D is - spouse, gov’t)
- Qualified defense (creditor, police, etc.)
- Special case (matter of public concern)*
*Note: P has to prove that statement is false and that statement was made with fault/culpability - if public figure, must be intent or recklessness; if private figure, negligence is sufficient
Are damages presumed in negligence cases
No. Must be damages to establish prima facia case for negligence
Elements of liens
i. Person who has obtained personal property legitimately can hold onto it until debt is paid
ii. Elements:
1. Debt associated with services
2. Debtor has formal title but creditor has lawful possession
What makes inter vivos gift unrevocable?
- Must be donative intent (intent to pass title)
- Must be acceptance by donee
- Must be valid delivery
Special case levels of culpability that must be proven
For public figure - intent, recklessness
For private figure - negligence
Elements of appropriation and affirmative defense
Recognized in NY
D uses P’s name or image for commercial advantage
- Exception for newsworthiness
Affirmative defense - consent
Elements of intrusion and affirmative defense
Not recognized in NY
Invasion of P’s seclusion in a way that would be highly offensive to average person (must be in an area with reasonable expectation of privacy)
Affirmative defense - consent
Elements of false light and affirmative defense
Not recognized in NY
Widespread dissemination of major falsehood about P that would be highly offensive to average person
Affirmative defense – consent, defamation privileges
Elements of disclosure and affirmative defense
Not recognized in NY
Widespread dissemination of confi info about P
- Exception for newsworthiness
- “Spheres of life” exception
Affirmative defense – consent, defamation privileges
Inducing breach of contract
Elements
- Existence of valid k between P and 3rd Party
- Knowledge of contract by D
- Persuasion of 3rd Party to abandon deal
ii. Can’t sue for intention
iii. Key issue is whether D has privilege (like advisory relationship)
Malicious prosecution
Elements:
- D institutes criminal or civil proceeding against P without probable cause
- Case is terminated favorably to P
- It was brought for an improper purpose
Fraud
Elements:
- Misrepresentation of fact by D (D must make affirmative misrepresentation of fact)
- D must have made false statement recklessly or intentionally
- D must intend to induce reliance
- There must be reliance
- Damages
When is P liable in negligence to anticipated trespasser?
Only protected from condition that is artificial and meets the below test:
i. Highly dangerous (kill/badly hurt)
ii. Hidden or concealed (T incapable of discovering it himself)
iii. P knows about danger in advance
iv. Duty is only re: known, man-made death traps
