Transcript
Chapter 8 Intentional Torts
1. To convert a verbal threat into an assault requires some act to indicate that the battery will ensue immediately.
2. Many cases of false imprisonment arise out of situations in which suspected shoplifters are detained by store proprietors without reasonable grounds for doing so.
3. To recover for fraud, or deceit the plaintiff must allege and prove: (a) a misrepresentation of a material, existing fact, (b) made with knowledge of its falsity, (c) made with the intent that it be relied on, (d) that it was reasonably relied on, and (e) damages.
4. A prospective buyer of a house says to the owner, "Does the house have termites?" and the owner replies, "No. It does not have termites." If the buyer before buying has the house inspected by a termite inspector who negligently fails to discover termites that are in the house the buyer could not sue the seller for deceit because the buyer did not rely on the seller's misrepresentation.
5. Libel is defamation that is communicated by a writing, drawing, photograph, television program, or other means that is directed toward the sense of sight. Slander is defamation that is communicated by the spoken word.
6. To be actionable, libel and slander must be communicated to a third person.
7. Libel is actionable per se. Suit can be brought in all instances.
8. Slander is actionable only: (a) when someone is falsely accused of committing a crime of moral turpitude, (b) when someone is falsely accused of having a contagious disease, (c) when someone makes a false statement that injures a person in his or her business, profession, or trade, and (d) when the injured person can prove that he or she suffered special damages.
9. Judges, lawyers, and witnesses, while they are participating in trials, and members of the legislature, during its sessions, have an absolute privilege against defamation suits.
10. Actual malice must be proved for someone to recover damages from newspapers when they report about public events and matters of public concern.
11. For one to recover for malicious prosecution: (a) criminal or civil charges must have been brought against the plaintiff, (b) the plaintiff must have been found not guilty, and (c) the plaintiff must prove that the defendant brought the criminal charges maliciously and without probable cause.
12. Stepping on another's land without permission, hitting a golf ball into another's airspace, and stringing a wire into another's airspace have all been held to be trespass to real property.
13. Misdelivery of goods by a carrier, theft of goods, failure to return borrowed goods, and sale of goods belonging to another without authority are examples of conversion.
Understanding Legal Concepts
1. F, need not be 6. T
2. T 7. F, slander
3. F, are not 8. F, libel
4. F, must not be 9. F, is
5. T 10. T
Checking Terminology
1. h 7. e 13. g, l 19. i 25. v
2. o 8. y 14. q 20. w 26. cc
3. x 9. m, dd 15. f 21. bb 27. t
4. s 10. d 16. a 22. n
5. p 11. c 17. b 23. r
6. z 12. j, k 18. aa 24. u
Using Legal Language
While looking at cars in a used car lot, Henry recognized a car that had once belonged to his friend, Sam. He knew that the car had been abused by Sam and was in poor condition. A salesperson, noticing Henry looking at the car, went up to Henry and said: "This car's a beauty! It belonged to a little old lady who took it out only on Sunday morning to drive to church."
Angered by this misrepresentation and knowing that the salesperson was committing deceit, which is also known as fraud, Henry picked up a hubcap that was on the ground, threw it at the salesperson, but missed. Legally, this action was assault but not battery. In any case, it was a(n) tortious act. The salesperson, now enraged, grabbed an innocent passerby, thinking she was with Henry. He detained the passerby in his office for ten minutes, thereby committing the tort of false imprisonment, which is also called false arrest. Later that day, Henry accidentally sold his next-door neighbor's lawn mower to a stranger at his yard sale. When his next-door neighbor, Martha, learned of the conversion, she called up her friend, Mildred, and told her that Henry was a no-good dirty rat. Although this statement was a form of defamation, it was not actionable slander, because it was not one of the four situations for which suit may be brought. Later, Martha wrote a letter to the editor of a local newspaper, saying that Henry was a no-good dirty rat. The newspaper refused to print the letter because it did not want to be sued for libel, which is actionable per se. When Henry heard that Martha had written the letter to the newspaper, he went outside, picked up a huge pile of trash from his yard, and dumped it all over Martha's front lawn, thereby committing the tort of trespass. He then swore out a criminal complaint against Martha for disturbing the peace. Martha was tried for the crime and found not guilty. She then sued Henry in tort for malicious prosecution.
Puzzling Over What You Learned
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Caveat: Do not allow squares for spaces between words and punctuation (apostrophes, hyphens, etc.) when filling in crossword.
Across
A nuisance that disturbs one neighbor only.
Furnishing legal ground for a lawsuit.
The abuse or destructive use of property that is in one's rightful possession.
The wrongful exercise of dominion and control over the personal property of another.
The intentional confinement of a person without legal justification.
Defamation that is communicated by a writing.
The wrongful act of damaging another's character or reputation by the use of false statements.
21. Knowingly.
Torts that are committed accidentally.
Another name for false imprisonment.
The monetary loss suffered by a party as a result of a wrong.
A violation of the right of privacy.
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Torts that are committed intentionally.
A false or deceptive statement or act.
The intentional contact with another person without that person's permission and without justification.
The use of one's property in a way that causes annoyance to another.
Emotional suffering caused by the infliction of extreme and outrageous intentional conduct by another.
The intentional and unauthorized entry on the land of another.
Another name for fraud.
The right to be left alone.
A nuisance that affects the community at large.
Another name for intentional torts.
The intentional creation of a reasonable apprehension of an imminent battery.
Discharged from accusation.
Wrongful; implying or involving tort.
Defamation that is communicated by the spoken word.
In and of itself; taken alone.
A misrepresentation of a material, existing fact, knowingly made, that causes someone reasonably relying on it to suffer damages.
