Torts II Charts

8/2/2019 Torts II Charts

1/12

Intentional Torts

BATTERY ASSAULTFALSE

IMPRISONMENT

INTENTIONAL

INFLICTION OF

EMOTIONAL

DISTRESS

ACT ContactAn act by force or threat offorce

Force or threat of force;physical barrier; assertionof legal authority; threats

of duress

Extreme or outrageousconduct

INTENT

{Purpose or Substantial

Certainty}

Intent to cause contact that

is harmful or offensive

Intent to cause

consequences

{apprehension of contact

or the contact itself}

Intent to restrain the

individual

Conduct that is intentional

or reckless

CAUSATION Direct or Indirect Direct or Indirect Direct or Indirect Direct or Indirect

CONSEQUENCE(S) TO

PLAINTIFF

Harmful or offensive

contact

{Objective Standard}

Reasonable fear or

apprehension of imminent

harmful or offensive

conduct

{Objective Standard}

Involuntary confinement Severe emotional distress

AVAILABLEDEFENSES

N/A N/A

Affirmative defense for

shoplifting based on a

reasonable belief

N/A


2/12

Defamation Claims

FAULT STANDARD DAMAGESBURDEN OF PROOF RE:

FAULT

PUBLIC OFFICIAL Actual malice

Presumed & punitive

{Okay by implication ~ must

prove actual malice}

Clear & convincing evidence,Burden on the P

PUBLIC FIGURE Actual malice

Presumed & punitive

{Okay by implication ~ must

prove actual malice}

Clear & convincing evidence,

Burden on the P

PRIVATE INDIVIDUAL

WITH PUBLIC CONCERN

Negligence

{@ a minimum}

Actual injury

Presumed or punitive {if actualmalice is proven}

Preponderance of the evidence,

Burden on P if D is member ofmediaper Hepps.

PRIVATE INDIVIDUALWITH PRIVATE CONCERN

Left open for state to decide

{Gertz case} Maybe Neg. Dunn

and Bradstreet suggest maybestrict liability.

Presumed & punitive

{Dont have to prove actualmalice}

Preponderance of the evidence {iffalse standard}; otherwise may be

strict liability.


3/12

Defamation ~ Analysis

ELEMENTS DEFENSES & PRIVILEGESLAST CHANCE

{PLAINTIFFS REBUTTAL}

Defamatory statement Defenses Malice?

Of & concerning the plaintiff TruthCommon law malice = spite or ill willActual malice = knowledge or reckless

disregard

Published {to at least one 3rd party} Privileges

Abuse?

Causing harm to the plaintiffs reputationAbsolute PrivilegesQualified Privileges


4/12

Strict Liability: Defendant may be liable even if he used the utmost care.

Abnorm

allyDangerousA

ctivities

Harm is probable or potentialinjury is serious

is unable to eliminate the riskeven if he uses reasonable care

Activity is uncommon orinappropriate in the area

Value to the community isoutweighed by the danger


5/12

Issue Spotting: Type of Injury

Physical Injury tothe Person

Battery

Strict Liability Engaging inabnormallydangerous activity

Products Liability

ManufacturingDefects

Design Defect

Failure to Warn

Injury toProperty

Trespass to Land

Nuisance

Public Nuisance

Private Nuisance


6/12

EmotionalInjury

Assault

FalseImprisonment

IIED

Defamation

Libel

Slander

Invasion ofPrivacy

Intrusion

Appropriation

PublicDisclosure ofPrivate Facts

False Light


7/12

Battery

Act Must be a volitional act

Intent

Cause harmful or

offensive contact

HarmContact of a harmful or

offensive nature

Defenses

Consent

Self-Defense

must not be initialaggressor

must reasonably conclude

force is necessary to protecthimself against imminentharm

Amount of force must bereasonable

Defense of Others

Majority = stands in shoesof person defended

Minority = mustreasonably believe defendedperson had right to use force

Defense of Property

May never use deadly force

Must make prior demand thatintruder cease


8/12

Assault


Intent

To cause someone to beapprehensive of

receiving a harmful or

offensive contact

HarmResulting apprehensionof an imminent harmful

or offensive contact

Defenses All battery defenses

IIED

ActExtreme & outrageous

conduct

IntentSevere emotional distress to

or recklessness

HarmEmotional distress of

significant nature

Defenses

All battery defenses

's lack of knowledge of'sunusual susceptibility to

emotional distress


9/12

False Imprisonment


Intent To confine someone

ResultActual confinement of;

reasonable means of escapedoes NOT include

Having to leave property

Dangerous means of escape

Unreasonably embarassing meansof escape

HarmKnowledge of confinment or

resulting injury

Defenses

All battery offenses

Lawful arrest

Shopkeeper's Privilege: merchantmay detain suspected shoplifter

for reasoanble time if he hasprobable cause that is stealing


10/12

Trespass to Land


IntentTo do act which results

in trespass

HarmInvasion of's right to

use & enjoy land

Defenses

Consent of person inlawful possession

Entry to reclaim 'sown property on 's

land

Entry under private orpublic necessity


11/12

One which subjects to hatred, contempt or ridicule or which lowers the esteem in which is held by third parties

Defamatory Statement

Someone must recognize statement is about this particular

must be a living human being

Group defamation

Small group {>25}: all members have action even if statement not all-inclusive

Medium group {25-150}: may give each member cause of action if all-inclusive

Large group {


12/12

Privacy Torts

IntrusionViolation of's right to solitude

in manner objectionable to areasonable person

AppropriationCommercial use of's name or

likeness without 's consent

Public Disclosure ofPrivate Facts

Facts revealed must be offensiveto a reasonable person

Truth is not a defense

Revealing things in publicrecords is privileged

Newsworthiness is a defense

False Light

Statement which gives the publica misleading impression of

{even if statement is technicallytrue}

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