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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