Bar Review
Terms
undefined, object
copy deck
- Battery
- Harmful or offensive contact
- Assault
- Imminent apprehension of bodily harm, of that a battery is going to occur. Not just words. Has to be imminnt.
- False Imprisonment
- A physical act of restraint to a bounded area. P must know of or be harmed by the restraint. Intentional tort, so there must be an intent to imprison.
- Intentional infliction of emotional distress
- Outrageous conduct (i.e. conduct that exceeds all bounds of decency tolerated in a civilized society) with the purpose to upset, that results in severe distress.
- Hallmarks of outrageousness
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Continuous or repetitive
D is common carrier or innkeeper
P is a member of a fragile class and D targets:
children, eldely, pregnant women, race, religion and ethnic groups.
Hypersensitivity doesn't cound, knowinga phobia does. - Trespass to land
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A (1) physical invasion (2) on land
Intent to get to the challenged location on purpose. Must be tangible physical invasion - Trespass to chattels
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Recover cost to fix
Invasion of personal property. Damage, scratch break depriving owner of possession. - Conversion
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Recover full value of chattel
Invasion of personal property. Damage, scratch break depriving owner of possession. - Affirmative intentional tort defenses
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Consent
Self defense
defense of others
defense of all property
Defense of necessity - Consent - intentional tort defense
- express or implied. D cannot have exceeded the scope of the consent. P must have capacity to give consent
- Protective Privileges
- Conduct must be in progress or imminent and must have reasonable belief that an interest is being threatened. Reasonable mistake will not deprive you of defense. Proportionality and necessity.
- Defense of necessity
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Public necessity - Invasion of prperty in an emergency to prtoect the community or a significant group of people. Absolute defense.
Private necessity - Invasion of property to protect personal interest. Limited defense, must pay for actual damages to property. No nominal or punitive damages - Defamation
- Defamatory statement speciicially identifying the P that is published and damaging. (i.e. adversely effects Ps reputation) P must be alive
- Two types of defamation and distinction
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Libel - permanently memorialized in a fixed format. Don't need to prove damages
Slander - spoken words, must prove damages - Slander per se
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4 types, don't need to prove damages:
Oral statement concerning Ps profession.
That P committed crime of moral turpitude
That a woman is unchaste
That someone has a loathsome disease - Non-slander per se damages
- Must be economic
- Defenses to defamation
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Consent
Truth
Privilege (absolute[spouses, officers of gov't] qualified [where you want to encourage candor[)
First Amendment Defamation - First Amendment Defamation
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Must be a public figure or public concern
Must also prove:
1) P must show falsity
2) Statement was made knowing it was false, or recklessly - Invasion of Privacy
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Appropriation
Intrusion
False Light
Disclosure -
Appropriation
Exception(s)
Defense(s) -
D uses Ps name or picture for comercial advantage without permission
E: newsworthiness
D: consent -
Intrusion
Exception(s)
Defense(s) -
Invasion by D of P's solitude objectionable to the average person
Doesn't req trespass, must be in place where expectation of privacy.
D: Consent -
False light
Exception(s)
Defense(s) -
Widespread dissemination of a major misrepresentation about P that would be objectionable to average person. Doesn't need to be defamatory.
D: Consent, truth.
Damages: economical and emotional -
Disclosure
Exception(s)
Defense(s) -
Widespread dissemination of confidential information about teh P that would be objectionable to average person.
E: newsworthiness
D: Consent, privileges