Exam 7: Intentional Torts

The tort of defamation is best defined as the unreasonable public disclosure of private facts.

All conversions are trespasses but not all trespasses are conversions.

The intentional dispossession or unauthorized use of the personal property of another is known as:

Under constitutional privilege, a public official or public figure must prove that the defendant published the defamatory and false comment with knowledge of the comment's falsity or in reckless disregard of the truth.

BB, Inc. fires an employee and then, when asked for a reference on him, negligently makes some untrue statements, which prevent him from finding a job. BB is liable for defamation.

The law provides no protection from harm to a person's right of dignity.

Damages awarded in excess of normal compensation in order to punish a defendant for a serious civil wrong are known as punitive damages.

The tort of appropriation protects a person's exclusive right to exploit the value of her identity.

Perkins commits a battery against Connors. If the government brings a criminal action against Perkins, Connors cannot bring a civil tort action against Perkins for the same battery because this would constitute double jeopardy.

Andrew noticed Michael and his pregnant wife Georgette walking down the street and drove his car very close to Michael, and honked the horn as a joke. Michael wasn't injured, but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy. Andrew has:

The purpose of tort law is to punish the wrongdoer.

Disparagement differs from defamation in that defamation pertains to personal reputation, whereas disparagement pertains to business interests.

Greg and his friend are playing football in his back yard when Greg accidentally throws the ball over the fence into the neighbor's yard where it breaks the window. This is trespass to real property, only if Greg himself goes onto the property to get the ball.

The tort of nuisance includes only the trespassory invasion of real property.

John and Megan are at a crowded theater. In the press of people exiting the theater, John accidentally steps on Megan's big toe and breaks it. Megan can sue John for the tort of battery.

The same act can be both a tort and a crime.

Pointing an unloaded gun at someone and threatening to shoot constitutes an assault if that person believes it is loaded .

Minors under the age of 18 are not held liable for their intentional torts.

In order to sue for battery, a plaintiff must prove that he or she has received a physical injury.

The Restatement Third, Torts: Liability for Economic Harm, parts of which were approved in 2012 and 2104 will update coverage on torts that involve economic loss or pecuniary harm not resulting from physical harm or physical contact to a person or property.