Intentional Torts

tort

a civil wrong that is not a breach of contract

intentional torts

negligent torts

2 types of torts

intent

desire to do an act

yes

can intent be transferred?

True (false imprisonment = kidnapping)

True or False: same action can be an intentional tort and a crime

assault

any unexcused and intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact.

battery

harmful or offensive touching, or occurs without consent

(completed assault)

fasle imprisonment

intentionally confines or restraints another person's movement within any area without justification.

subjective view of the victim: did they believe there was a threat of bodily harm

What is the standard for determining in assault occurred?

shopkeepers privilege

What is the exception to false imprisonment (in the case of shoplifting)

shopkeepers privilege

if you are believed to have shoplifted you can be held for a limited amount of time

Intentional infliction of emotional distress

what does IIED Stand for?

1. Conduct has to be extreme and outrageous

2. Resultsin severe emotional distress that manifests physically

2 conditions for a tort to be considered IIED:

invasion of privacy

Public disclosure of private facts, Publication of facts putting a plaintiff in false light, Intrusion into areas where a person has an expectation of privacy, & using images of people without their consent are all examples of ___________ _____ ____________.

defamation

a false statement of fact that is intended to harm ones good image or reputation and is published to 1+ persons

libel

written defamation

slander

oral defamation

libel. because it is more permanent

which type of defamation is more serious? why?

libel.

slander

In cases involving _______ damage are presumed. Where as in cases involving _________- you have to prove damages

fraudulent misrepresentation

when a material fact is given which you know or disregarded is false, intent to rely on that fact,

trespassing

physical intrusion onto the land of another where that person has exclusive possession without consent

conversion

substantial invasion of someones possessory interest; occurs even when you mistabale believe you are entitled to the chattel.

true (ex: hunting dog)

True or False: Trespassing not only applies to just a person, but also any instrumentality under a person's control

consent

____________ is the universal defense to all intentional torts

self defense

the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor

truth

the ________ is the absolute defense to libel and slander

False: Entitled to respond with equal force to the force being levied against you (can't bring a gun to a fist fight)

True or False: self defense entitles you to protect yourself with any amount of force you deem necessary

justification

occurs where you act in a way the law does not seek to prevent (ex: putting your kid in time out is not false imprisonment)

necessity

choice between a lesser of 2 evils (having to drunk drive to escape being mugged)

priv. communictions

in certain circumstances, a person will not be liable for defamatory statements because she or he enjoys privilege or immunity.

Qualified Privilege

Generally, if the statements are made in good faith and the publication is limited to those who have a legitimate interest in the communication, the statements fall within the area of ______________. ____________.

absolute privilege

___________ ___________ is granted in judicial & government proceedings