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23 Cards in this Set
- Front
- Back
Battery
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Harmful or offensive contact
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Assault
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Imminent apprehension of bodily harm, of that a battery is going to occur. Not just words. Has to be imminnt.
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False Imprisonment
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A physical act of restraint to a bounded area. P must know of or be harmed by the restraint. Intentional tort, so there must be an intent to imprison.
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Intentional infliction of emotional distress
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Outrageous conduct (i.e. conduct that exceeds all bounds of decency tolerated in a civilized society) with the purpose to upset, that results in severe distress.
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Hallmarks of outrageousness
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Continuous or repetitive
D is common carrier or innkeeper P is a member of a fragile class and D targets: children, eldely, pregnant women, race, religion and ethnic groups. Hypersensitivity doesn't cound, knowinga phobia does. |
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Trespass to land
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A (1) physical invasion (2) on land
Intent to get to the challenged location on purpose. Must be tangible physical invasion |
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Trespass to chattels
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Recover cost to fix
Invasion of personal property. Damage, scratch break depriving owner of possession. |
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Conversion
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Recover full value of chattel
Invasion of personal property. Damage, scratch break depriving owner of possession. |
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Affirmative intentional tort defenses
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Consent
Self defense defense of others defense of all property Defense of necessity |
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Consent - intentional tort defense
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express or implied. D cannot have exceeded the scope of the consent. P must have capacity to give consent
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Protective Privileges
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Conduct must be in progress or imminent and must have reasonable belief that an interest is being threatened. Reasonable mistake will not deprive you of defense. Proportionality and necessity.
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Defense of necessity
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Public necessity - Invasion of prperty in an emergency to prtoect the community or a significant group of people. Absolute defense.
Private necessity - Invasion of property to protect personal interest. Limited defense, must pay for actual damages to property. No nominal or punitive damages |
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Defamation
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Defamatory statement speciicially identifying the P that is published and damaging. (i.e. adversely effects Ps reputation) P must be alive
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Two types of defamation and distinction
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Libel - permanently memorialized in a fixed format. Don't need to prove damages
Slander - spoken words, must prove damages |
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Slander per se
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4 types, don't need to prove damages:
Oral statement concerning Ps profession. That P committed crime of moral turpitude That a woman is unchaste That someone has a loathsome disease |
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Non-slander per se damages
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Must be economic
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Defenses to defamation
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Consent
Truth Privilege (absolute[spouses, officers of gov't] qualified [where you want to encourage candor[) First Amendment Defamation |
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First Amendment Defamation
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Must be a public figure or public concern
Must also prove: 1) P must show falsity 2) Statement was made knowing it was false, or recklessly |
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Invasion of Privacy
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Appropriation
Intrusion False Light Disclosure |
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Appropriation
Exception(s) Defense(s) |
D uses Ps name or picture for comercial advantage without permission
E: newsworthiness D: consent |
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Intrusion
Exception(s) Defense(s) |
Invasion by D of P's solitude objectionable to the average person
Doesn't req trespass, must be in place where expectation of privacy. D: Consent |
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False light
Exception(s) Defense(s) |
Widespread dissemination of a major misrepresentation about P that would be objectionable to average person. Doesn't need to be defamatory.
D: Consent, truth. Damages: economical and emotional |
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Disclosure
Exception(s) Defense(s) |
Widespread dissemination of confidential information about teh P that would be objectionable to average person.
E: newsworthiness D: Consent, privileges |