Fill in the incomplete blanks INTENTIONAL TORT Assault Battery Identifying Torts and Elements Elements 1. Actor intentionally
Fantastic news! We've Found the answer you've been seeking!
Question:
Fill in the incomplete blanks
Transcribed Image Text:
INTENTIONAL TORT Assault Battery Identifying Torts and Elements Elements 1. Actor intentionally 2. places the victim in reasonable fear 3. of immediate bodily harm or of offensive contact 1. Actor intentionally 2. and without permission 3. touches or has contact with 4. the victim or anything attached to the victim False Imprisonment 1. Actor intentionally Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Defamation 2. by way of threat or by physical restraint 3. detains another 4. without reasonable justification 1. Defendant intentionally 2. and by outrageous conduct 3. causes severe emotional or mental distress 4. to the victim AND 5. defendant has acted in a way that is specifically calculated to cause severe emotional distress Defenses Accident Permission/consent Defendant had reason to touch or attempt to touch the victim because of legal justification (ex. self or property defense) or privilege (immunity is granted to the defendant in order to further a societal interest, cases of saving unconscious people from a disaster is one example). Accident Permission/consent Defendant had reason to touch or attempt to touch the victim because of legal justification (ex. self or property defense) or privilege (immunity is granted to the defendant in order to further a societal interest, cases of saving unconscious people from a disaster is one example). Detained for a Reasonable cause, Reasonable time Reasonable manner; Defendant has an affirmative defense that the detainment did not constitute a tort (as in the case of shoplifting). 1. Defendant intentionally Truth of the statement privilege Invasion of Privacy Tortious Interference with a Contract Tortious Interference with a Prospective Advantage Fraud Commercial Exploitation Trespass to Land Nuisance Malpractice Wrongful Death 2. communicates to another person or persons 3. by speaking (written is libel) 4. an untruth 5. which injures the victim's reputation or good name Not elements, but each example is invasion of privacy: Use of a person's name/picture without permission Intrusion into a person's solitude: illegal wiretapping, searches, harassment Placing a person in a false light Public exposure of private facts of a private person: illegal drug use, debt, etc. 1. Plaintiff has a binding agreement with a third party 2. A defendant, who knows of the deal, improperly induces the third party to breach the contract 1. Plaintiff has a definite and reasonable expectation of obtaining an economic advantage 2. The third party maliciously prevents the relationship from developing Injuring another person by deliberate deception Using another person's likeness or voice for business purposes without permission or authorization A person without permission enters or causes something to enter land owned by another Largely waived if a person is a public figure Information that is part of a public record or file cannot be used to bring a cause of action in this case Necessity Invitation UNINTENTIONAL TORT Elements Defenses INTENTIONAL TORT Assault Battery Identifying Torts and Elements Elements 1. Actor intentionally 2. places the victim in reasonable fear 3. of immediate bodily harm or of offensive contact 1. Actor intentionally 2. and without permission 3. touches or has contact with 4. the victim or anything attached to the victim False Imprisonment 1. Actor intentionally Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Defamation 2. by way of threat or by physical restraint 3. detains another 4. without reasonable justification 1. Defendant intentionally 2. and by outrageous conduct 3. causes severe emotional or mental distress 4. to the victim AND 5. defendant has acted in a way that is specifically calculated to cause severe emotional distress Defenses Accident Permission/consent Defendant had reason to touch or attempt to touch the victim because of legal justification (ex. self or property defense) or privilege (immunity is granted to the defendant in order to further a societal interest, cases of saving unconscious people from a disaster is one example). Accident Permission/consent Defendant had reason to touch or attempt to touch the victim because of legal justification (ex. self or property defense) or privilege (immunity is granted to the defendant in order to further a societal interest, cases of saving unconscious people from a disaster is one example). Detained for a Reasonable cause, Reasonable time Reasonable manner; Defendant has an affirmative defense that the detainment did not constitute a tort (as in the case of shoplifting). 1. Defendant intentionally Truth of the statement privilege Invasion of Privacy Tortious Interference with a Contract Tortious Interference with a Prospective Advantage Fraud Commercial Exploitation Trespass to Land Nuisance Malpractice Wrongful Death 2. communicates to another person or persons 3. by speaking (written is libel) 4. an untruth 5. which injures the victim's reputation or good name Not elements, but each example is invasion of privacy: Use of a person's name/picture without permission Intrusion into a person's solitude: illegal wiretapping, searches, harassment Placing a person in a false light Public exposure of private facts of a private person: illegal drug use, debt, etc. 1. Plaintiff has a binding agreement with a third party 2. A defendant, who knows of the deal, improperly induces the third party to breach the contract 1. Plaintiff has a definite and reasonable expectation of obtaining an economic advantage 2. The third party maliciously prevents the relationship from developing Injuring another person by deliberate deception Using another person's likeness or voice for business purposes without permission or authorization A person without permission enters or causes something to enter land owned by another Largely waived if a person is a public figure Information that is part of a public record or file cannot be used to bring a cause of action in this case Necessity Invitation UNINTENTIONAL TORT Elements Defenses
Expert Answer:
Related Book For
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts
Posted Date:
Students also viewed these law questions
-
Question (700 words) John Densmore, a law student and part-time musician, was seriously injured in a car accident. The other car's driver, Ray Manzarek, a renowned life motivation coach and a...
-
Planning is one of the most important management functions in any business. A front office managers first step in planning should involve determine the departments goals. Planning also includes...
-
Discuss why the length of an OH bond obtained from X-ray diffraction experiments averages 85 pm whereas that obtained in neutron diffraction experiments averages 96 pm. Would you expect to see...
-
Rewrite each expression in the form an? a. a8 ( a-3 b. b6/b2 c. (c4)5 d. d0 / e-3
-
Tempe Office Services and Supplies (TOSS) provides various products and services in the Tempe Research Park, home to numerous high-tech and bio-tech companies. Making color copies is one of its most...
-
A \(1500-\mathrm{kg}\) truck and a \(1000-\mathrm{kg}\) car are parked with their rear bumpers nearly touching each other in a level parking lot. Both vehicles have their brakes off so that they are...
-
The cash account for Capstone Medical Co. at November 30, 2016, indicated a balance of $89,620. The bank statement indicated a balance of $128,660 on November 30, 2016. Comparing the bank statement...
-
Julie is planning a party and comparing the cost at different banquet halls. At Parties R Us, the charge is $20 per person. At Elegant Banquets, the charge is $15 per person. Complete the tables to...
-
Heparin protocol is: Bolus client with 80 units/kg and starts drip at 14 units/kg/hr. The client weighs 242 lbs. Available in Heparin 25,000 units in 250 mL D5W. a. What is the bolus dose for this...
-
Employees who are faced with a situation at work in which their values are at odds with the actions of their employers are grappling with their sense of loyalty to the company and their coworkers as...
-
Media companies purchase ad time on Facebook based on metrics the company uses to calculate the average viewing time for its ads. The price the media companies pay is based on that viewing time....
-
Facing foreclosure, mortgagors who have loans that exceed their property value often have a sense of hopelessness and "nothing to lose." These mortgagors simply leave the property, something that is...
-
The FDA ordered the company to "cease misbranding."34 Ms. Kardashian issued a corrective post the day after the FDA letter was received explaining the limitations of Diclegis and providing a link to...
-
John Mackey, the founder and CEO of Whole Foods, has taken a sort of blended position on the role of business in society. He begins his analysis by asking the purpose of hospitals and schools and...
-
Nobel Inc. has a cash balance of $20,000 on April 1, 2015. They are now preparing the cash budget for the second quarter. Budgeted cash collections and payments are as follows: There are no budgeted...
-
Frontland Advertising creates, plans, and handles advertising campaigns in a three-state area. Recently, Frontland had to replace an inexperienced office worker in charge of bookkeeping because of...
-
Two loudspeakers \(42.0 \mathrm{~m}\) apart and facing each other emit identical \(115 \mathrm{~Hz}\) sinusoidal sound waves in a room where the sound speed is \(345 \mathrm{~m} / \mathrm{s}\). Susan...
-
A child's train whistle replicates a classic conductor's whistle from the early 1900 s. This whistle has two open-open tubes that produce two different frequencies. When you hear these two different...
-
A student waiting at a stoplight notices that her turn signal, which has a period of \(0.85 \mathrm{~s}\), makes one blink exactly in sync with the turn signal of the car in front of her. The blinker...
Study smarter with the SolutionInn App