48 terms

Intro Chapter 12 Torts

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