Torts - Intentional Torts and Defamation

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Torts - Intentional Torts and Defamation
2012-07-09 13:55:54
Torts Intentional Defamation

Torts - Intentional Torts and Defamation
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  1. Meaning of Intent
    • Desire OR
    • knowledge to a subtantial certainty that consequence C will happen if D does volitional act A 
  2. Transferred Intent
    If D intends to accopmlish one of 5 torts and actually accomplishes another, D's intent transfers to other tort even though D did not actually intend it

    • 5 torts
    • Assault
    • Battery
    • False Imprisonment
    • Trespass to Land
    • Trespass to Chattels

    • Types of transfers
    • Transfer of Tort
    • Transfer of Parties
    • Transfer of torts and parties 
  3. Battery
    • (1) D Intentionally inflicts
    • (2) a harmful or offensive
    • (3) contanct 
    • (4) with the P's person
  4. Assault
    • (1) D's Intentional act
    • (2) causes plaintiff to have apprehension
    • (3) of an imminent
    • (4) battery
    • (5) and D has a present apprent (to P) ability to achieve battery 
  5. False Imprisonment
    Short: D intentionally restrains P in a bounded area

    • (1) D intentionally
    • (2) confines P (by a method of confinement (barriesrs, force, threat of imminent force, duress of goods))
    • (3) within an
    • (4) area bounded in all directions
    • (5) with no reasonable escapse route of which P is
    • (6) aware AND
    • (7) P is either aware of the confinement OR is harmed by it
  6. Outrage (Intentional Infliction of Mental Distress)
    • Extreme outrageous conduct
    • intent or recklessness
    • causation
    • severe emotional distress

    • (1) P suffers severe mental distress
    • (2) caused by D's intentional or reckless behavior
    • (3) the is judged extreme and outraegous
    • (4) by the P AND a reasonable person
    • (5) or by P alone if D knows P has a special vulnerability
  7. Trespass to Land
    • (1) D intetional (even if reasonably mistaken)
    • (2) physical invation of P's land, wehter
    • (3) on, over, or under the land by means of
    • (4) a method of invasion (means you can't tell someone else to trespass) 
  8. Trespass to Chattels/Conversion
    Short: (minor/serious) intentional intereferece with the P's personal property


    • (1) D's intentional (even if mistaken)
    • (2) use or intermeddling in chattel in P's
    • (3) possesion
    • (4) such that the chattel is impaired in its condition, quality, or value OR
    • (5) P is deprived of the chattel's use for a substantial time 

     Tres to Chattel: Minor, only repair or rental cost + consequential damages

    Conversion: Major, forced sale (FMV) + consequential damages
  9. Privileges (defenses) to intentional torts
    • 1) Consent
    • 2) Defense of Self
    • 3) Defense of Others
    • 4) Defense of Property
    • 5) Recapture of Chattels
    • 6) Shopkeeper's Privilege
    • 7) Private Necessity
    • 8) Public Necessity
    • 9) Authority of law (privilege of arrest)
  10. Consent
    • (1) williness in fact (subjective) OR
    • (2) apparent consent (objective) 

    Consent destroyed? Fraud, D's non-disclosure of material facts, P withdraws consent, consent is limited in scope (time, subject matter, or location) 
  11. Defense of Self/Others
    reasonable force used to protect oneself against threat of bodily harm from another person

    P may be attacker or bystander (transfered privilege) AND D must believe and a reasonable person would have believed the threat is real. (Reasonable mistake IS allowed)

    Deadly force OK for deadly attack

    Others? Same as self, but for another person
  12. Defense of Property
    • (1) Reasonable (but never deadly) force to
    • (2) protect real property from intrusion OR
    • (3) personal property from seizure OR
    • (4) to eject plaintiff from D's real propert IF request to leave is made or would be ineffectual

    Reasonable Mistake IS NOT allowed 
  13. Recapture of Chattels 
    • (1) reasonable (Not deadly) force to
    • (2) recover D's personal property from P and
    • (3) D acts in hot pursuit 
  14. Shopkeeper's Privilege 
    • (1) D shopkeeper's privlege to use
    • (2) reasonable (not deadly) force to
    • (3) detaim P for a reasonable time
    • (3) for a reasonable investigation of possible shoplifiting

    • Must have PC that D stole merchandise, and must be caught in detained in store's premises
  15. Private Necessity
    • (1) D's Privilege to intrude on P's Property
    • (2) in order to prevent a greater loss to D's own interest in person or property

    D must pay damages for any harm

    No right to eject or defend 
  16. Public Necessity
    • (1) D's privilege to intrude on plaintiff's
    • (2) property intereets in order to prevent a greater loss
    • (3) to entire community or persons 
  17. Authority of Law (privilege of arrest)
    • Felony
    •    Police - Reasonable force (necessary deadly force); reasonable belief felony was commited and D did it
    •    Citizen - Same, but must hae occured and D reasonably believes P did it

    • Misdemeanor
    •    Both - Reasonable force, not deadly. Only for breach of peace commited in D's presence.
  18. Fraud
    • Clear cogent and convincing evidence that:
    • (1) D made an intentional misrepresentation
    • (2) of false or material fact to the P
    • (3) which induced justifiable reliance by the plaintiff in ignorance of its falsehood
    • (4) resulted in injury
  19. Intereference with a business relationship
    • (1) existence of vaid K relationship between P and 3rd party or a valid business expectancy of P
    • (2) D's knowledge or the relationship or expectancy
    • (3) intentional interference by the D inducing a breach or termination of the relationship or expectancy
    • and (4) damages 
  20. Defamation
    • (1) False and defematory statement
    • (2) about the P
    • (3) published to a third party
    • (4) resulting in damage to the P's representation
    • (5) Private figure - negligent; public figure - malice, i.e. knowing  
  21. Wrongful Appropriation of a photo or name
    • (1) Unauthorized use by D of P's pic or name
    • (2) for D's commercial advantage
  22. Public Disclosure of Private Facts
    • (1) Publication or public disclosure
    • (2) by the D of private information about the P
    • (3) and that the matter made public is such that a reasonable person of ordinary sensibilities would object to having it made public 
  23. False Light
    • (1) Attributes P views he does not hold or actions he did not take
    • (2) which are objectionable to a reasonable person under the circumstances
    • (3) publicity
    • (4) private interest? no malice; Public interest? requires malice