You are on page 1of 5

INTENTIONAL TORTS TO PERSON Transferred intent Battery

INTENT IS NECESSARY

The intent to commit an intentional tort will transfer to the unforeseeable victim Harmful or offensive contact + Ps person Customary or reasonably necessaryno liability or intent

Assume everyone is reasonable there is no extreme sensitivity Intentional= everyone is liable there is no incapacity The intent follows the bullet Offensiveness is most tested Includes anything they are holding or connected to It is NOT necessary that the Ps actual body be disturbed, just that it be offensive KNOWLEDGEintimidation is key, you KNOW that you will be touched Words alone are no good Threats here are enough and omissions of someones needs are enough If there is a reasonable means of escape then NOT BOUNDED Reckless is enough Outrageous=shocks the conscience If you see MILD on the test, no IIED (1) The near missnegligent conduct put the D in the zone of danger + the P was later distressed and produced physical manifestations (2) Bystandercontemporaneous witness to negligent bodily injury you watch a loved one killed or hurt by a negligent D NYBystander must be in the danger zone and be a close family member (3)Pre-Existing Relationship between P and D where the

Assault

Reasonable Apprehension of immediate + battery

False Imprisonment

Act of restraint + P is confined to a bounded area

Intentional Infliction Extreme or Outrageous Conduct + of Emotional Severe emotional harm Distress (IIED) Negligent Infliction of Emotional Distress Negligent behavior that causes the P mental harm + some physical manifestation of the harm

negligent act can have a foreseeable risk of distress. Ex: Dr tells you that youre HIV+ and he was mistaken INTENTIONAL TORTS TO LAND Trespass to Land D intentionally commits a Physical Act of Invasion against Ps real property One is liable if HE INTENTIONALLY (1)enters the land n possession of another or causes a thing or a third person to do so (2) remains on the land (3) fails to remove from the land a thing which he is under a duty to move Reckless/ Negligent Trespass Trespass to Chattels Conversion One can be liable for trespass for intrusions resulting from reckless or negligent conduct and abnormally dangerous activities Modest interference with personal property Significant interference with someones possessory right to property. So serious that it warrants FULL MARKET VALUE or Replevin This is a right of the possessor, this includes tenants Look out for air rights Can be debris or water, doesnt have to be a person on your property Error or mistake IS NOT A DEFENSE

Interference+ Intent + Causation + damage to chattel or deprive possession ( Small amount) Damages= you can get the full market value for the thing converted (you break it your bought it) NY= if you are a bonafide purchaser of stolen goods there is NO CONVERSION

DEFENSES TO INTENTIONAL TORTS Consent

You must have VALID CONSENT and must be within SCOPE

This is a bar to ALL intentional torts VALID CONSENT = Capacity, No Duress. Children can consent to age appropriate behavior. Reasonable mistake is OK. Not available to first aggressor. NY RETREAT RULE. Except: Home,

Implied Consent Express Consent Self Defense / Defense of Others

By CUSTOM or BODY LANGUAGE Statement made by P Must be IMMINENT RESPONSE of REASONABLE FORCE to threat and REASONABLE BELIEF that threat is genuine.

NO DUTY TO RETREAT for DEADLY FORCE. Defense of Property/ Recapture of Chattel May use REASONABLE FORCE in Hot Pursuit . NO DEADLY FORCE. CANT USE IF THERE IS A PRIVILEGE. D invades property in an emergency to protect the community The D invades for self interest or physical safety

Cant safely retreat or Helping police. Reasonable mistake is allowed except as to privilege. Must make demand for chattel and cannot go 3rd parties land This is a complete bar to liability D will be liable for compensatory damages for harm done to the property As long as the emergency continues the owner cant throw you out as a trespasserthey will be liable for your injuries

Public Necessity Private Necessity

DEFAMATION Defamation (MBE and NY) 1. Defamatory statement identifying the P 2. Publication of the Statement 3. Damages 4. If PUBLIC CONCERN the P must prove: a) The statement was false b) Fault on part of D DEFAMATORY Must ADVERSELY affect reputation STATEMENT Must be LIVING PERSON IDENTIFYING THE P If not based on specific facts INDUCEMENT (additional facts) To prove Defamatory meaning INNUENDO To prove about you COLLOQUIM PUBLICATION OF Can be to ANY 3rd PERSON THE STATEMENT DAMAGES Libel- Written Down. Can be RADIO or TV. Damages PRESUMED. Slander- Oral or Spoken. Must PROVE damages unless: 1. Relates to Ps business or profession Groups Large Group- NO Small Group- YES Some in Small Group- Yes. If reasonable person believes its about you

NY Libel per Quod- If requires extrinsic evidence and not one of SLANDER PER SE. PROVE SPECIAL DAMAGES

If PUBLIC CONCERN the P must prove:

2. P commited crime of moral turpitude 3. P has loathsome diseas 4. A woman is a whore 5. NY- P is gay Statement is FALSE and FAULT on the part of the D Public figure MALICE Private figure Negligence is enough. If MALICE Damages are presumed.

DEFENSES TO DEFAMATION Consent Truth Absolute Privilege

Qualified Privilege INVASION OF PRIVACY Appropriation

If PRIVATE PERSON and PRIVATE MATTER Cant be sued. Based on TYPE OF PERSON 1. Spouse 2. Government Officials 3. Fair Reporting (Media, public proceedings) Could be sued if statement is OUT OF SCOPE and speaker acted with MALICE No proof of special damages Does not survive death Use Ps name or likeness for a commercial purpose. Usually an Ad or Promotion.

??????

Newsworthiness exception applies here This is the only privacy tort in NY AND IT SURVIVES DEATH.

Intrusion Upon Seclusion

Highly offensive invasion of P seclusion where P has a reasonable expectation of privacy False Light D makes a wide spread dissemination of a major falsehood that is highly offensive to an reasonable person Disclosure of Private Widespread dissemination of Facts CONFIDENTIAL information that would be objectionable to the other party Affirmative Consentdefeats all 4 Defenses Absolute and Qualified Privilege for False Light and Disclosure only Fraud 1. Misrepresentation of Material Fact 2. Scienter(Knew or believed it was false) 3. Intent to induce reliance

This is a strict liability tortno intent is necessary Must be private facts, cant be something they did in a public place Burden is on the D Someone lies to you deliberately and you fall for it and get screwed.

Negligent Misrepresentation

Interference with Business Relations

4. 5. 6. 1. 2. 3. 4. 5. 1. 2. 3. 4. 1. 2.

NY Prima Facia Tort

Causation Statement was relied on Damages Misrep by business of professional Breach of duty Causation Reliance Damages Must be valid contract with 3rd party D persuades 3rd party to breach Damages Absence of privilege Intent to harm Plaintiff must prove pecuniary loss

NY ??? pg 9

Privilege- Family member or professional (like accountant) OR Competitor