Podcast
Questions and Answers
What are the three types of torts?
What are the three types of torts?
- Intentional (correct)
- Strict Liability (correct)
- Negligence (correct)
- Fraud
What are torts?
What are torts?
Civil law allows recovery for physical and economic injury due to harm caused through the fault of others.
What defines intentional torts?
What defines intentional torts?
The defendant consciously performed an act that injured the plaintiff or property.
Give examples of intentional torts.
Give examples of intentional torts.
What is assault?
What is assault?
What is battery?
What is battery?
Explain false imprisonment.
Explain false imprisonment.
What is intentional infliction of emotional distress?
What is intentional infliction of emotional distress?
What constitutes wrongful interference with a contract?
What constitutes wrongful interference with a contract?
What is defamation?
What is defamation?
What is invasion of privacy in New York State?
What is invasion of privacy in New York State?
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Study Notes
Torts Overview
- Torts involve civil law allowing recovery for physical and economic injuries caused by others' faults.
- Those responsible for harm are liable to pay compensation.
Types of Torts
- Three main categories:
- Intentional Torts
- Negligence
- Strict Liability
Intentional Torts
- Defined by conscious actions by the defendant that cause injury to others or their property.
Examples of Intentional Torts
-
Assault and Battery:
- Assault refers to instilling fear of harmful or offensive contact.
- Battery involves actual harmful or offensive contact.
-
False Imprisonment/Merchant Exception:
- Involves intentional confinement without justification.
- Merchant exception permits reasonable detention of suspected shoplifters under specific conditions (justified reason, method, duration).
-
Intentional Infliction of Emotional Distress:
- Requires extreme and outrageous conduct leading to severe emotional distress for the victim.
-
Wrongful Interference with a Contract:
- Four elements to prove include a valid contract, knowledge of the contract by a third party, the third party inducing a breach, and resultant damages to the plaintiff.
-
Defamation:
- Injures a person's reputation through false statements made to a third party.
-
Invasion of Privacy:
- In New York State, this involves using someone’s name or likeness for commercial purposes without their written consent.
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