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because both criminal acts and torts can result in harm to a person or property

sometimes the same set of fats will give rise to both a tort action and a criminal action

Restatement of the law of torts, second

an authoritive secondary source, written by a group of legal scholars summarizing the existing common law, as well as suggesting what the law should be.

degrees of fault

high- intentinal acts
medium- negligent acts
low- strict- liability
none- no liability

Intentional Tort

occurs whenever somone INTENDS an action that results in harm to a person's body, reputation, emotional well-being, or property. Examples: assult and battery, false imprisonment, defamation, invasion of privacy and intentional infliction of emotional distress.

Torts that cause harm to a persons body, reputation or emotional well being:

Examples: assult and battery, false imprisonment, defamation, invasion of privacy and intentional infliction of emotional distress.

Tort's that cause harm to a person'sproperty

trespass, tresspass to personal property and conversion

Other torts

flase arrest, malicious prosecution, abuse of process, fraud and business torts

in order to prove intentional torts

plantiff must prove each torts elements

Primary defenses in tentional tort cases are

self defense
defense of third parties
various types of privilege


an intentional at that creates a reasonable apprehension of an immediate harmful or offensive physical contact.

Elements of Assault

1. an intentional act
2. that creates a reasonable apprehension of
3. an immediate harful or offensive physical contact.

Defenses of Assault

1. consent
2. self- defense
3. defense of others
4. sometimes defense of property


An intentional act that creats a harmful or offensive physical contact.

Elements of Battery

1. an Intentional act
2. that creats a harmful or offensive physical contact.

Transferred intent

a legal fiction if a person directs a tortious action toward A but instead harms B, the intent to act against A is transferred to B.

False imprisonment

Occurs whenever one person, through force or the threat of fource, unlawfully detains another person against his or her will. the plaintiff must actually be confined with no meand of escape.

Elements of False imprisonment

1. an intentional act
2. that caused confinement or restraint
3. through fource of the threat of force.

Defenses of False imprisonment

1. consent
2. justification


The publication of false statements that harm a person's reputation.


Spoken defamation


Written Defamation

Defamation per se

Remarks considered to be so harmful that they would automatically be veiwed as defamatory examples are : that someone has a lathsome communicable disease, That someone committed business improprieties,
That someone has been imprisoned for a serious crime, and
That an unmarried woman is unchaste.

actual malice

that is , with knowledge that is was false or with reckless disregard of whether it was false or not

Defenses of Defamation

1. truth
2. privilege

Invasion of privacy

An intentional tort that covers a variety fo situations , including appropriation and false light.

Invasion of Privacy

1. disclosure,
2. Intrusion
3. appropriation, and
4. false light

Defenses of Invasion of privacy covers a variety of different situations

1. consent
2. newsworthiness


the intentional publication of embarrassing private affairs.


The interntional unjustified encroachment into another person's private activities.


An intentional un authorized exploitive use of another person's personality, name, or picture for the defendan'ts benefit.

False Light

The intentional false portrayal of someone in a way that would be offensive toa reasonabale person.

Intentional infliction of Emotional distress Elements to prove are :

1. in intentional act.
2. that is extreme and outrageous
3. and cause
4. severe emotional distress

Defenses of intentional infliction of emotional distress

1. consent

Loss on consortium

The loss by one spouse of theother spouse's companionship, services or affection

a trespass occurs whenever

1. someone enters or cause something to enter or remain
2. on land or another
3. withour permission

Trespass to personal property occurs

someone harms or interferes with the owner's exclusive possession of the property but has no intention of keeping the property. example like letting your dog out of the yard with no intetntion of keeping it .


1. Taking
2. personal Property
3. of another
4. with the intent of permanently depriving the owner

Defenses of Trespass to land

1. consent
2. private necessity
3. public necessity


negligence is a failure to act as a reasonably prudent and careful person is expected to act in similar circumstances.

Elements of negligence

!. Duty
2. Breach
3. causation
4. Harm


Acting is an improper of a wrongful way


Failing to act

Res ipsa loquitur

the thing speaks for itself; the docterine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent

Market share theory

a leagl theory that allows plaintiffs to recover proportionately from a group of manufacturers when the identity of the specific manufacturer responsible for the harm is unknown.

Proximate cause

one actual cause is found, as a policy matter, the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability. DIRECTLY!!


after the defendant has acted negligently another cuase intervines that contributes to the harm.

superseeding cause

if the situations intervening cause is deemed to be superseeding then the defendan't negliagance is no longer the proximate cause

Sometime the court will hold a person responsible for the actions of someone else


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