Exam 7: Intentional Torts

Tim and his friend are playing catch in the back yard when Tim suddenly throws the ball over the fence into the neighbor's yard where it breaks the window.This is trespass to real property, even if Tim himself does not go onto the property to get the ball.

In some instances the same facts will give rise to an action for both false light and defamation.

Infliction of emotional distress occurs when a person by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person.

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

Manuel applied for a variance from the local zoning ordinance in order to build a building.His neighbor, Sandra, appeared before the zoning board to speak in opposition to the application.At the hearing, Sandra testified under oath and made several untruthful statements regarding Manuel's character which she believed, but which were not correct.The variance was denied.Manuel is now considering a lawsuit against Sandra for slander.Does Manuel have a valid cause of action against Sandra? Explain.What are the elements that he must prove to win a case of slander? What defenses can Sandra raise to the action?

The terms "nuisance" and "trespass to real property" refer to the same tort.

Andrew noticed Michael and his pregnant wife Georgette walking down the street and, as a joke, drove his car within inches of Michael.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 same act can be both a tort and a crime.

Al, the bus driver on a cross-country Greyhound, kisses Susie, a passenger, while she sleeps.Al could be sued for battery.

Cameron doesn't like Bradley, so at a cocktail party he spread untrue rumors about Bradley's lifestyle.These rumors harm Bradley's reputation in the community.Cameron:

A privilege may result in immunity from tort liability.

Intentional harm to the person includes which of the following torts?

Claudia's baby daughter Karynne is snatched from her arms at the grocery store.The kidnapper threatens to drop the baby if the store does not hand over the contents of the vault.Claudia may:

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

What is the broad category of defenses available to the tort of defamation? Under what circumstances can the U.S.Constitution be used as a defense to an action for an intentional tort?

The Restatement Third, Torts, completed and approved in 2004, covers torts that involve economic loss not resulting from physical harm to persons or property.

Defenses of absolute, conditional, and constitutional privilege apply to defamation and also to publication of any matter that is an invasion of privacy.

Stephen and Martha have spent months looking for their dream home.One day they saw it and fell in love with everything about the house, and they asked the Realtor to draw up a purchase agreement, which they then signed.After signing the papers, they asked the Realtor whether the house was in good shape.The Realtor said it was.When the couple moved into the house, they realized that the basement had serious water problems and that the roof leaked.They now want to sue the Realtor.What tort should they consider? If they sue the Realtor for this tort, will they win? Why or why not? Explain.

A defamatory communication that is spoken or oral is designated as libel.

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