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26 Cards in this Set

  • Front
  • Back

A tort is committed...

1. a duty owed by one person to another


2. is breached and


3. proximately causes


4. injury or damage to the owner of a legally protected interest

All forms of civil liability are either...

1.voluntarily assumed, as by contract


2. involuntarily assumed, as imposed by law (tort liability)

Intent

1. Does not necessarily require a hostile or evil motive


2. rather, it denotes that either the actor desires to cause the consequences of his act


3. or, that he believes that those consequences are substantially certain to result from it

Battery

Intentional infliction of harmful or offensive bodily contact (freedom from bodily contact).

Assault

Intentional infliction of apprehension of immediate bodily harm or offensive contact (freedom from apprehension).

False imprisonment

Intentional confining of a person against her will (freedom from confinement).

Infliction of emotional distress

Extreme and outrageous conduct intentionally or recklessly causing severe emotional distress (freedom from mental distress).

Types of torts

1. Harm to the person


2. Harm to the right of dignity


3. Harm to property

Defamation

False communication that injures a person's reputation


1. Libel - written or electronically transmitted defamation


2. Slander - spoken defamation

Elements of defamation

1. The statement is false


2. Unprivileged publication to a third party


3. depending on the status of the defendant, negligence or recklessness on her part in knowing or failing ascertain the falsity of the statement


4. in some cases, proof of special harm caused by the publication

Defenses to defamation priviledge

1. Absolute privilege


Protect defendant regardless of intent or motive


Confined to situation where public interest favors complete freedom of speech ( statement made in judicial proceedings, statements made by certain member of congress on the floor)


2. Conditional privilege


Reference letters


3. Constitutional privilege

Invasion of privacy

1. Appropriation of a person's name or identity


2.Intrusion - Unreasonable and highly offensive interference with the seclusion of another


3. Public disclosure of private facts


highly offensive publicity of private information


4. False light - high offensive and false publicity about another


5. Misuse of legal procedure

Harm to property

Intentional harm to property includes the torts of


1. Trespass to real property


2. Nuisance


3. Trespass to personal property


4. Conversion

Trespass to real property

Wrongfully entering the land of another (real property = land and anything attached to it).

Nuisance

A non-trespassory interference with another's use and enjoyment of land

Trespass (personal property)

Intentional taking or use of another's personal property ( personal property = anything other than land). (1) Disposes property (2) substantially impairs the condition, quality, or value (3) deprives the possessor use of the property (4) causes harm to the possessor or to some person or thing in which the possessor has a legally protected interest

Conversion

Intentional exercise of control over another's personal property (buying stolen property).

Harm to economic interests

Economic or pecuniary interests include a person's existing and prospective contractual relations, a person's business reputation, a person's name and likeness, and a person's freedom from deception.

Three types of harm to economic interests

1. Interference with contractual relations


2. Disparagement


3. Fraudulent misrepresentation

Interference with contractual relations

Causing one of the parties to a contract to not perform (often by promising a "better offer", interfering with a merger).

Disparagement

Publication of false statements about another's property or products. Must be false statements.

Fraudulent misrepresentations

A false statement, made with knowledge of its falsity, intended to induce another to act (you can drill for oil in the land).

Defenses to intentional torts

Even though a defendant has intentionally invaded the interests of the plaintiff, the defendant will not be liable if such conduct was privileged. A defendant's conduct is privileged if it further an interest of such social importance that the law confers immunity from tort liability for the damages the conduct causes to others.

Two defenses to intentional torts

1. Consent


2. Self-defense

Consent

A person may not recover for an injury to which he willingly and knowingly consents.

Self-defense

A person may take appropriate action o prevent harm to himself where time does not allow resort to law.