L201 Chapter 6

What is a tort?

A civil wrong that is not a breach of contract.

What is transferred intent?

A defendant who intends to injure one person but actually injures another is liable to the person injured, despite absence of any specific desire to injure him.

Conditional privileges give the defendant what?

A defense unless the privilege is abused (statement is made with knowledge of falsity).

When a public official brings a defamation case, he or she must prove what?

A requirement known as actual malice, or knowledge of falsity or reckless disregard for the truth.

What is a common example of false imprisonment today?

A store detaining a person they suspect has been shoplifting.

For an emotional distress tort recover to hold, what must happen?

According to the Second Restatement, the defendant must intentionally or recklessly inflict distress and act outrageously.

When must a plaintiff experience apprehension?

At the time the threatened battery occurred.

Tort law contemplates __________ liability.

Civil.

How is malice proved?

Clear and convincing evidence (more difficult than preponderance).

Most intentional infliction of emotional distress cases are based on allegedly outrageous __________.

Conduct.

What is recklessness?

Conscious indifference to known and substantial risk of harm created by one's behavior.

There is no liability for battery i the plaintiff __________ to touching.

Consented.

What are punitive damages?

Designed to punish and deter them from doing it in the future. Not routinely assessed against the losing defendant in a torts case.

What is negligence?

Failure to use reasonable care, with harm to another party occurring as a result.

Fair comment protects what?

Fair and accurate media reports of defamatory matter that appears in proceedings of official government action or originates from public meetings.

True or false, threatening words are normally seen as an assault.

False (unless accompanied by acts/circumstances indicating intent to carry out).

True or false, the plaintiff's apprehension may pertain to any battery.

False, it must be imminent or immediate.

True or false, defamatory statements made on the internet, television, or radio are usually treated as slander.

False, they are usually treated as libel.

True or false, libraries and bookstores of defamatory statements may be held liable.

False.

True or false, the plaintiff must be aware of the battery at the time it occurs.

False.

What is the intent required for battery?

Intent to cause harmful or offensive contact or intent to cause apprehension that such contact is imminent.

What are the four types of wrongfulness?

Intent, recklessness, negligence, and strict liability.

Courts usually hold that the plaintiff must have __________ of his confinement in order for liability for false imprisonment to arise.

Knowledge.

What is strict liability?

Liability without fault or liability irrespective of fault.

What is the general rule of defamation?

One who repeats false and defamatory statement is liable for defamation.

What is slander?

Other forms of defamation not included in libel (typically oral).

What is the standard proof the plaintiff must satisfy in a tort case?

Preponderance of evidence.

Liability for defamation requires what?

Publication of the defamatory statement.

What is assault?

Something that occurs when there is intentional attempt or offer to cause a harmful or offensive contact with another person if that attempt or offer causes apprehension of imminent battery in other person's mind.

What is an absolute privilege?

Something that shields the author of defamatory statement regardless of her knowledge, motive, or intent.

A person can recover for libel without proof of what?

Special damages. You can used "presumed damages."

What is a second important type of conditional privilege?

Statements made to promote common interests.

What is intent?

The desire to cause certain consequences or substantial certainty that consequences will result from behavior.

What does defamation protect?

The individual's interest in his reputation.

What is battery?

The intentional and harmful or offensive touching of another without his consent.

What is false imprisonment?

The intentional confinement of another person for an appreciable time without his consent.

Defamation is normally defined as what?

The unprivileged publication of false and defamatory statements concerning another.

True or false, a plaintiff that wins a tort case usually recovers compensatory damages.

True.

True or false, battery includes nonharmful contact that is offensive.

True.

True or false, defamation is an intentional tort.

True.

True or false, publishers of defamatory statements may be held liable.

True.

True or false, statements made to protect or further legitimate interests of another regarding conditional privilege.

True.

True or false, with strict liability, the plaintiff need not prove intent, recklessness, negligence, or any other kind of wrongfulness.

True. However, other things do still have to be proved.

True or false, corporations and other business entities can recover for defamatory statements.

True. This is because the statements could harm their business or deter others (profits).

When does slander per say occur?

When false statements that the plaintiff has committed a crime involving moral issues or potential imprisonment, has a disease, is professionally incompetent/guilty, or is guilty of serious sexual misconduct.

What is libel?

Written or printed defamation or to other defamation having a physical form (picture, sign, statue).