Torts

Front 1

Battery

Back 1

(1) harmful or offensive contact; and
(2) to plaintiff's person or something P is connected to

Note: Contact must be offensive to ordinary normal person of reasonable sensitivity

Front 2

Assault

Back 2

(1) D must place plaintiff in reasonable apprehension; and

(2) of immediate battery
NOTE: words alone not enough, but accompanied by menacing gesture would be okay

Front 3

False Imprisonment

Back 3

(1) D must commit act of restraint; and

(2) P must be confined to bounded area

Front 4

Intentional Infliction of Emotional Distress

Back 4

(1) defendant engages in outrageous conduct (intentional or reckless); and

(2) P suffers sever distress

Front 5

Trespass on Land

Back 5

(1) D must commit physical invasion (himself or something tangible); and

(2) onto land

Front 6

Trespass to chattels/conversion

Back 6

(1) intentional interference (damage or stealing); and
(2) personal property

Trespass --> Smaller
Conversion --> larger

Front 7

Defamation (private character)

Back 7

( 1) defamatory statement specifically identifying plaintiff;

(2) publication de minimus; and

(3) damages presumed

Front 8

Defamation (Public Concern) - Private Figure

Back 8

Two Extra elements needed:

(1) falsity of statement; and
(2) negligence in investigating truth

Front 9

Defamation (Public Concern) - Public Figure

Back 9

Two Extra elements needed:

(1) knew statement was false; and
(2) Reckless in investigating truth

Front 10

Libel

Back 10

Any defamation written down and permanently embodied or captured

presumed damages

Front 11

Slander

Back 11

Spoken defamation

4 Negligence Per Se, NO proof damages needed:
(1) relating to business or profession
(2) crime of moral turpitude
(3) imputing unchastity to women
(4) P suffers from leprosy or venereal disease

Front 12

Defenses to defamation

Back 12

Consent
truth (D bears burden)
Privilege

Front 13

Appropriation

Back 13

D uses Ps name or picture for commercial advantages

Exception: newsworthiness

Front 14

Intrusion

Back 14

(1) invasion of Ps physical seclusion; and
(2) would be objectionable to average person

Front 15

False Light

Back 15

(1) widespread dissemination;
(2) material falsehood about P; and
(3) highly offensive to reasonable person

Front 16

Disclosure

Back 16

(1) widespread dissemination;
(2) confidential information;
(3) objectionable to average person

Exception: newsworthiness and duel life