Download - 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
-
8/2/2019 Torts II Charts
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.
-
8/2/2019 Torts II Charts
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
-
8/2/2019 Torts II Charts
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
-
8/2/2019 Torts II Charts
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
-
8/2/2019 Torts II Charts
6/12
EmotionalInjury
Assault
FalseImprisonment
IIED
Defamation
Libel
Slander
Invasion ofPrivacy
Intrusion
Appropriation
PublicDisclosure ofPrivate Facts
False Light
-
8/2/2019 Torts II Charts
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
-
8/2/2019 Torts II Charts
8/12
Assault
Act Must be a volitional act
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
-
8/2/2019 Torts II Charts
9/12
False Imprisonment
Act Must be a volitional act
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
-
8/2/2019 Torts II Charts
10/12
Trespass to Land
Act Must be a volitional act
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
-
8/2/2019 Torts II Charts
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 {
-
8/2/2019 Torts II Charts
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}