Intentional Torts

BATTERY ASSAULT FALSE IMPRISONMENT Force or threat of force; physical barrier; assertion of legal authority; threats of duress Intent to restrain the individual INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS Extreme or outrageous conduct

ACT

Contact

An act by force or threat of force Intent to cause consequences {apprehension of contact or the contact itself} Direct or Indirect Reasonable fear or apprehension of imminent harmful or offensive conduct {Objective Standard}

INTENT {Purpose or Substantial Certainty}

Intent to cause contact that is harmful or offensive

Conduct that is intentional or reckless

CAUSATION

Direct or Indirect

Direct or Indirect

Direct or Indirect

CONSEQUENCE(S) TO PLAINTIFF

Harmful or offensive contact {Objective Standard}

Involuntary confinement

Severe emotional distress

AVAILABLE DEFENSES

N/A

N/A

Affirmative defense for shoplifting based on a reasonable belief

N/A

Defamation Claims
FAULT STANDARD DAMAGES BURDEN OF PROOF RE: FAULT

PUBLIC OFFICIAL

Actual malice

Presumed & punitive {Okay by implication ~ must prove actual malice} Presumed & punitive {Okay by implication ~ must prove actual malice} Actual injury Presumed or punitive {if actual malice is proven} Presumed & punitive {Dont have to prove actual malice}

Clear & convincing evidence, Burden on the P

PUBLIC FIGURE

Actual malice

Clear & convincing evidence, Burden on the P

PRIVATE INDIVIDUAL WITH PUBLIC CONCERN

Negligence {@ a minimum} Left open for state to decide {Gertz case} Maybe Neg. Dunn and Bradstreet suggest maybe strict liability.

Preponderance of the evidence, Burden on P if D is member of mediaper Hepps. Preponderance of the evidence {if false standard}; otherwise may be strict liability.

PRIVATE INDIVIDUAL WITH PRIVATE CONCERN

Defamation ~ Analysis
ELEMENTS DEFENSES & PRIVILEGES LAST CHANCE {PLAINTIFFS REBUTTAL} Malice? Common law malice = spite or ill will Actual malice = knowledge or reckless disregard Privileges Abuse? Causing harm to the plaintiffs reputation Absolute Privileges Qualified Privileges

Defamatory statement

Defenses

Of & concerning the plaintiff

Truth

Published {to at least one 3rd party}

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

Abnormally Dangerous Activities

Harm is probable or potential injury is serious

is unable to eliminate the risk even if he uses reasonable care

Activity is uncommon or inappropriate in the area

Value to the community is outweighed by the danger

Issue Spotting: Type of Injury

Strict Liability Physical Injury to the Person

Engaging in abnormally dangerous activity Manufacturing Defects

Products Liability

Design Defect

Failure to Warn

Trespass to Land Injury to Property Nuisance Public Nuisance

Private Nuisance

Assault

False Imprisonment

IIED Libel Emotional Injury Defamation Slander

Intrusion

Appropriation Invasion of Privacy Public Disclosure of Private Facts False Light

Act

Must be a volitional act

Intent

Cause harmful or offensive contact

Harm

Contact of a harmful or offensive nature must not be initial aggressor must reasonably conclude force is necessary to protect himself against imminent harm

Battery

Consent

Self-Defense

Amount of force must be reasonable

Defenses

Majority = stands in shoes of person defended Defense of Others Minority = must reasonably believe defended person had right to use force

May never use deadly force Defense of Property Must make prior demand that intruder cease

Act

Must be a volitional act

Intent Assault Harm

To cause someone to be apprehensive of receiving a harmful or offensive contact Resulting apprehension of an imminent harmful or offensive contact

Defenses

All battery defenses

Act

Extreme & outrageous conduct

Intent

Severe emotional distress to or recklessness

IIED Harm

Emotional distress of significant nature

All battery defenses Defenses 's lack of knowledge of 's unusual susceptibility to emotional distress

Act

Must be a volitional act

Intent

To confine someone

Having to leave property

False Imprisonment

Result

Actual confinement of ; reasonable means of escape does NOT include

Dangerous means of escape

Harm

Knowledge of confinment or resulting injury

Unreasonably embarassing means of escape

All battery offenses

Defenses

Lawful arrest

Shopkeeper's Privilege: merchant may detain suspected shoplifter for reasoanble time if he has probable cause that is stealing

Act

Must be a volitional act

Intent

To do act which results in trespass

Trespass to Land

Harm

Invasion of 's right to use & enjoy land

Consent of person in lawful possession Entry to reclaim 's own property on 's land Entry under private or public necessity

Defenses

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

Of or Concerning Plaintiff
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 {<150}: no member may sue

Publication At least one third party must hear statement and understand defamatory nature must be at least negligent with regard to publication

Proof of Special Damages

Defenses Truth Absolute Privilege Qualified Privilege Common Interest Employer Reference Fair Comment Fair & Accurate Reporting First Amendment Qualified Privilege

Intrusion

Violation of 's right to solitude in manner objectionable to a reasonable person

Appropriation

Commercial use of 's name or likeness without 's consent

Facts revealed must be offensive to a reasonable person

Privacy Torts Public Disclosure of Private Facts

Truth is not a defense

Revealing things in public records is privileged

Newsworthiness is a defense

False Light

Statement which gives the public a misleading impression of {even if statement is technically true}