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23 Cards in this Set

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Battery
Harmful or offensive contact
Assault
Imminent apprehension of bodily harm, of that a battery is going to occur. Not just words. Has to be imminnt.
False Imprisonment
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.
Intentional infliction of emotional distress
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.
Hallmarks of outrageousness
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.
Trespass to land
A (1) physical invasion (2) on land
Intent to get to the challenged location on purpose. Must be tangible physical invasion
Trespass to chattels
Recover cost to fix
Invasion of personal property. Damage, scratch break depriving owner of possession.
Conversion
Recover full value of chattel
Invasion of personal property. Damage, scratch break depriving owner of possession.
Affirmative intentional tort defenses
Consent
Self defense
defense of others
defense of all property
Defense of necessity
Consent - intentional tort defense
express or implied. D cannot have exceeded the scope of the consent. P must have capacity to give consent
Protective Privileges
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.
Defense of necessity
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
Defamation
Defamatory statement speciicially identifying the P that is published and damaging. (i.e. adversely effects Ps reputation) P must be alive
Two types of defamation and distinction
Libel - permanently memorialized in a fixed format. Don't need to prove damages
Slander - spoken words, must prove damages
Slander per se
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
Non-slander per se damages
Must be economic
Defenses to defamation
Consent
Truth
Privilege (absolute[spouses, officers of gov't] qualified [where you want to encourage candor[)
First Amendment Defamation
First Amendment Defamation
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
Invasion of Privacy
Appropriation
Intrusion
False Light
Disclosure
Appropriation
Exception(s)
Defense(s)
D uses Ps name or picture for comercial advantage without permission
E: newsworthiness
D: consent
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
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
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