Intentional Torts

Front 1

Constitutional Privilege

Back 1

-Defense to Defamation and Invasion of Privacy
-statements about public officials if done without malice

Front 2

Recklessness

Back 2

-Conduct that evidences a conscience disregard of or indifference to the consequences of the act committed

Front 3

Conversion

Back 3

-Exercise of ownership rights over personal property not owned. Interferes with owner's rights.

Front 4

Nuisance

Back 4

-Liability for significant, unwarranted unlawful, or unreasonable use by one person to another's use or enjoyment of land ex. odor

Front 5

Real Property

Back 5

-Land and anything attached to the land (fixtures)

Front 6

Trespass to Personal Property

Back 6

Similar to trespass to land. The trespasser dispossesses the other of the property, substantially impairs the condition, quality, or value of the property or deprives the possessor of the use of the property for a substantial time

Front 7

Trespass to Land

Back 7

-Entering or remaining on the land of another (owner or tenant) w/o permission or causing a third party to do so, or failure to remove an item from the land of another when under duty to do so. Liability exists even if no actual damage to the land. Trespass can occur above or below the surface of the land. Innocent intent of the trespasser is irrelevant.

Front 8

Public Disclosure of Private Facts

Back 8

-Private facts communicated to the public at large

Front 9

Intrusion or Invasion of Privacy

Back 9

-Unreasonable and highly offensive interference w/ solitude or seclusion of another. Includes improper entry to another's dwelling, unauthorized eavesdropping or video taping, unauthorized examination of another's private papers and records.

Front 10

Libel

Back 10

-Written defamation

Front 11

Slander

Back 11

-Spoken defamation

Front 12

Assault

Back 12

-Intentional act that places another in apprehension or fear of immediate bodily harm or offensive contact
-Person must have knowledge of the danger and be apprehensive or fearful of threat to personal safety

Front 13

Defamation

Back 13

-False communications that injures a person's reputation by disgracing him and diminishing the respect in which he is held
-Elements
(1) False and defamatory statement concerning another that is unprivileged
(2) Communication (Publication) of that false statement to a third party
(3) Fault may come in failing to discern truth or falsify of statement, not always intentional

Front 14

Absolute Privilege

Back 14

-Defense to defamation and to invasion of privacy

-public policy favors freedom of speech regardless of intent

ex. Congressional speech, participants in judicial proceedings

Front 15

Conditional Privilege

Back 15

-Defense to defamation and to invasion of privacy

-Publish to protect legitimate interests or interests of another

ex. Letter of Reference

*Does not cover excess w/o probably cause or improper purpose

Front 16

False Imprisonment

Back 16

-Intentionally confining a person against his/her will within fixed boundaries if the person is conscience of the confinement or harmed by it

Front 17

Infliction of Emotional Distress

Back 17

-Extreme and outrageous conflict, intentional or recklessly made. Causes a person severe emotional stress

Front 18

Tort

Back 18

Injury to a person or property

Front 19

Punitive Damages

Back 19

-Damages that punish intentional or reckless behavior

Front 20

Intent

Back 20

-Tort feasor desires to cause the consequences; knew or should have known of the outcome that would result from the act

Front 21

Battery

Back 21

-Intentional infliction of harmful or offensive bodily contact. Offensive is defined as "offending a reasonable person's sense of dignity"

Front 22

Fraudulent Misrepresentation

Back 22

-imposes liability for the monetary loss caused by a justifiable reliance on a misrepresentation of the fact intentionally made for the purpose of inducing the relying party to act

Front 23

Publication in a False Light

Back 23

-Highly offensive publicity placing another in false light if the defendant knew that the matter publicized was false or acted in reckless disregard of the truth

Front 24

4 Torts of Invasion of Privacy

Back 24

(1) Appropriation of name or likeness
(2) Intrusion or Invasion of Privacy
(3) Public Disclosure of Private Facts
(4) Publication in a False Light

Front 25

Bailment

Back 25

-Transfer of possession of personal property with the intent that it be returned

Front 26

Disparagement

Back 26

-seller of product belittles own product. Usually in context of a bait and switch scheme. Seller attractively advertises product, but when buyer seeks to purchase a "more attractive" and usually more expensive item. However competitor can disparage another's product as well.

Front 27

Fraud or Deceit

Back 27

false statement of material fact, intentionally made or with reckless disregard for the truth, causing the other to rely to his/her detriment (fraud is contract law while deceit is tort)

Front 28

Privilege

Back 28

court recognizes the following
1. self defense
2. defense of property
3. defense of others

Front 29

Respondeat Superior

Back 29

employer or principal is liable for the torts of an employee or agent committee within the scope of employment

Front 30

Interference with Contractual Relations

Back 30

-Involves interfering intentionally and improperly with the performance of a contract by inducing one of the parties not to perform it