Intentional Torts Overview

Study Notes

Assault: Placing someone in apprehension of immediate physical harm.
Battery: Illegal touching of another person without justification or consent.
Invasion of Privacy:
- Appropriating one’s name or likeness: Using someone's image without consent.
- Intruding upon one’s solitude: Invading someone's private space without permission.
- Disclosing highly objectionable, private information to the public: Publicly revealing private information without consent.
Trespass: Entering someone's land without permission, or staying after being asked to leave.
- Placing any object on the land also qualifies as trespass.
Conversion: Wrongfully exercising dominion and control over another's resources, causing detriment to the owner.
- Deprivation can be temporary or permanent.
- Mistakes can still count as conversion.
Defamation: Publishing untrue statements about someone that damage their reputation.
- Two defenses to defamation: the statements are true, or the statements are privileged.
Fraud: Intentional misrepresentation of a material fact that someone relies on and is injured by.
- Remaining silent can be considered fraud.
Business Torts:
- Injurious falsehood: Publishing untrue statements that damage another business or product.
- Intentional Interference with Contractural Relations: Interfering with existing business relationships of another.

Negligence: When someone with a duty to act reasonably, acts carelessly and causes injury.
- Duty of Care: Everyone has a duty to act reasonably and use reasonable care to avoid injuring others.
  - The standard is that of a reasonable person.
- Breach of Duty: Occurs when someone acts unreasonably.
  - Level of caution required depends on the probability and severity of potential harm.
- Cause in Fact: The defendant's unreasonable conduct must directly cause the injury.
  - Multiple parties can be held jointly and severally liable if their actions contribute to the injury.
- Proximate Cause: A defendant is only liable for foreseeable risks and directly caused injuries.
- Injury - Damages: The plaintiff needs to have suffered actual harm.
Defenses to Negligence:
- Contributory Negligence: If the plaintiff contributes to their own injury, they cannot recover damages.
- Assumption of the Risk: If the plaintiff knowingly and willingly accepts the risk of injury, they cannot recover damages.
Comparative Negligence: A newer rule that allows recovery even if the plaintiff is partially at fault, but reduces the amount awarded based on their share of fault.