A harmful or offensive contact. Contact must be unpermitted.
For battery purposes the contact must be with:
the P's person or anything connected to the P's person.
the D's placing the P in a reasonable apprehension of an immediate battery.
In an Assault case, if the P knows that the gun the D brandishes is unloaded:
No assault because the P knows the threat is empty and there is no apprehension.
For assault purposes, words alone:
cannot constitute assault.
False imprisonment occurfs when
A D commits an act of restraint that confines the P within a bounded area.
For False Imprisonment purposes the P must be aware of the:
restraint for the restraint requirement to count, or at least suffer a harm.
For false imprisonment purposes the bounded area need not:
be marked out by walls and a fence.
For False Imprisonment purposes, an area is not bounded if there is:
a reasonable means of escape that the P could reasonably have discovered.
Intentional Infliction of Emotion Distress occurs when:
The D engages in outrageous conduct and causes the P to suffer severe distress.
For IIED purposes, outrageous conduct is
conduct that exceeds all bounds of decency tolerated in a civilized society.
For IIED purposes, the P need not prove:
specific proof of physical symptoms of emotional distress.
Trespass to land occurs when
the D commits an act of physical invasion on another's land.
To physically invade land a plaintiff must either:
enter the property himself, or throw something onto the property or the air above it or soil below out to a reasonable distance.
Trespass to Chattels is
an interference with personal property that deprives possession of the chattel.
the Deprivation of the chattel that is significant or total (destruction).
The damages for conversion is:
the full value of the item in question, not merely the cost of repair.
The damages for trespass to chattels is:
the cost of repair or the value of the chattel for the time deprived.
Consent is a defense:
to every intentional tort.
Consent to a tort may be given only by someone with:
the legal capacity to give valid consent.
The two types of consent are:
express and implied.
Express consent is
Explicit words granting D permission to behave in a way that would otherwise be a tort. It is not valid if obtained through fraud or duress
Implied consent is given by:
custom: the P goes to a place or engage in an activity where certain activities are routine
Defendant's reasonable interpretation of the P's objective conduct.
All consent has a scope and if D:
exceeds the scope of consent, he will be held liable.
Defense of necessity is applicable in:
Trespass to land and trespass to chattels or conversion actions.
Public necessity is:
when a D invades P's property in an emergency to protect the community as a whole, or a significant group of people.
Public necessity is an absolute defense. Savior of the city does not pay.
Private necessity occurs:
when the D invades P's property in order to save his own life or own property. The D will be liable for compensatory damages only, no nominal or punitive damages.
Defamation is a:
Statement that adversely affect the P's reputation that is published. There must be damages resulting from the publication and the P must be living at the time the statement is made in the US.
Publication requires that the statement:
be shared with one other person other than the defendant himself.
Negligent publication is still a publication.
Libel occurs when the defamatory is:
captured in print or on film. Damages are presumed in libel cases.
Slander per se need not be proved with damages. The four types include:
1. Statements dealing with the P's business or occupation.
2. A statement alleging that hte P has committed a crime of moral turpitude.
3. A statement imputing chastity to a woman.
4. A statement alleging that the P has a loathsome disease: Leprosy venereal diseases.
In most slander cases, you have to offer evidence of an:
economic harm. Social harm and emotional harm do not count as damages.
The 5 Defamation defenses include:
3. Absolute privilege
4. Qualified Privilege
5 A statement relating to to a matter of public concern.
Defamation absolute privileges
Spouses have absolute privilege in talking to one another.
Given to government employees in the execution of their duties: In the judicial branch, anything said during legal proceedings cannot be made the subject of a defamation lawsuit which protects judges, attorneys, witnesses ETC.
The defamation defense qualified privilege arises where:
there is a public interest in encouraging candor.
The two requirements for Defamation qualified privilege are:
D must be speaking in good faith and the statement must be relevant to matters being discussed.
The Defamation defense of a Statement that relates to a matter of public concern applies to:
An item that is newsworthy and the subject of an ongoing public conversation.
In these cases the P must prove that the statement was false.
In statements relating to a matter of public concern if the P is a public figure, fault means that D mad a statement:
knowing it was false or D was reckless in verifying the statement.
In statements relating to a matter of public concern if the P is a private figure, fault means that D was:
careless in verifying the veracity of the statement.
In defamation suits in MA, every P must prove:
negligence. An honest mistake will always protect a D from liability.
The four privacy torts are:
3. False Light
The Tort of Apropriation is:
the D's use of the P's name or image for commercial purposes without P's permission. Does not apply to news articles.
The tort of intrusion is:
A D's invsasion of a P's physical seclusion in a way that would be highly offensive to the average person. This must take place in a location where there is an expectation of privacy.
The tort of False Light is:
A widespread dissemination of a major falsehood about the P that is highly offensive to the average person.
(MA does not recognize this tort)
The tort of disclosure is:
the widespread dissemination about confidential information that would be highly offensive to the average person. (Medical/financial records)
The facts must be truly private. Don't blame a blabbermouth on the exam just because you find hm offensive.
This tort does not apply to newsworthy exceptions such as Mitt Romney's medical records during the 2012 election.
Defamation privileges are available for the privacy torts of:
false light and disclosure of a public fact.
Four elements that a P must establish in a Negligence claim include:
2. Breach of duty
All Ds except children mus live up to the:
reasonable person standard
If a D has specialized skill knowledge, he is judged on the reasonable person standard with:
the skill or knowledge added to the reasonable person standard.
For negligence purposes, physical characteristics such as blindness or height: