Transferred intent - ️️If tortfeasor intends to harm A, but harms B, the intent to harm
will be "transferred" to B; allowing B to recover for any damage.
Shopkeeper Privilege Defense - ️️Merchant may detain someone suspected of
shoplifting.
1. Reasonable manner
2. Reasonable length of ...
BLW 302 Perez Exam 2
Transferred intent - ✔️✔️If tortfeasor intends to harm A, but harms B, the intent to harm
will be "transferred" to B; allowing B to recover for any damage.
Shopkeeper Privilege Defense - ✔️✔️Merchant may detain someone suspected of
shoplifting.
1. Reasonable manner
2. Reasonable length of time
Tort - ✔️✔️A civil wrong
Tortfeasor - ✔️✔️The person/entity that commits the tort
Damages - ✔️✔️Monetary compensation for the victim of a tort
Compensatory damages - ✔️✔️Compensate the victim for their actual losses
Special Damages - ✔️✔️Quantifiable losses, medical expenses, lost income/benefits,
property damage
General Damages - ✔️✔️Pain and suffering, lose of consortium, disfigurement, harm to
reputation, mental impairment, physical capacity
Punitive Damages - ✔️✔️Designed to punish the tortfeasor and deter others from
acting in a similar manner
What are Punitive damages based on? - ✔️✔️Based upon extreme and outrageous
conduct, the amount is based upon the economic worth of the tortfeasor
Intentional Torts - ✔️✔️The tortfeasor acts with intent to cause harm
Required for Assault Tort - ✔️✔️1. Intentional and unexcused
2. Threat of immediate harmful or offensive contact(word or act)
3. That creates a reasonably believable threat
Required for Battery tort - ✔️✔️1. An unexcused and harmful or offensive physical
contact
2. Intentionally performed
, 3. Whether the contact is offensive is determined by a reasonable person standard
Required for False Imprisonment - ✔️✔️1.Intentional confinement of another person or
restraint of another person's activities without justification.
2.Use of physical barriers, physical restraint, or threats of physical force.
3.Physical Harm not required.
Intentional infliction of emotional distress - ✔️✔️1. Extreme and outrageous conduct
2. Resulting in severe emotional distress
Required for defamation - ✔️✔️1. False statement of fact.
2. About the plaintiff and tended to harm the plaintiff's reputation.
3. Published to at least one person other than the plaintiff.
4. If the plaintiff is a public figure, must also prove actual malice (knowingly false or
reckless disregard for the truth, proven by clear and convincing evidence
Slander - ✔️✔️Spoken
Libel - ✔️✔️Written
Defenses against defamation - ✔️✔️a) Truth
b) Absolute Privileged Communication
(1) Statements in judicial proceedings
(2) Statement to Legislative Bodies.
c) Qualified Privileged Communication
(1) Made in good faith
(2) Limited communication to those with legitimate interest in the communication.
Invasion of Privacy - ✔️✔️1. Intrusion into an Individual's Affairs or Seclusion - entering
home or searching property without permission.
False Light - ✔️✔️Publication of information that may not be false, but creates a false
impression
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