Property torts
What are intentional torts against property?
Actions that affect or damage property
This happens when someone threatens you with harm, without touching you
Assault
What are actions that deliberately hurt, scare, or embarrass people?
Intentional torts
What is the tort when someone unlawfully touches another person?
battery
Can a tort be a crime?
Yes
If someone is playing loud music at night and it disturbs the entire neighborhood what is this known as?
Public Nuisance
To prove assault, the victim must show they were aware of the threat and felt this emotion.
Fear
What are two types of defamation?
Libel and Slander
Which tort consists of interfering with someone's real property?
Trespassing
What is the term used for the person who commits the tort?
Tortfeasor
What is the difference between a private nuisance and a public nuisance?
A private nuisance only affects one household and a public nuisance affects a lot of people
Does physical contact need to happen for an assault to occur?
No, just the threat of harm is enough.
What must a security guard have in order to detain a person?
Reasonable grounds
Which tort consists of lies about objects?
Disparagement
What’s the difference between a crime and a tort?
A crime is a threat to society, a tort is an action that violates the rights of an individual
What must you prove in court when suing for disparagement?
That you actually lost money as a result of the lie
Can assault and battery happen at the same time?
Yes, a person can both threaten harm (assault) and make unwanted contact (battery).
Which type of defamation is verbal?
slander
Which tort interferes with the right of a person to move around freely?
False imprisonment
What are the three elements of a tort?
The rights of the victim, the tort that violated those rights, and harm or injury that happened to the victim due to the breach to their rights.
If someone is trespassing on someone’s property and the trespasser gets hurt is the owner liable?
No the owner is not liable as the trespasser should not be on the owner’s property
What kind of harm must the victim fear in an assault case?
Immediate physical harm.
Which tort had no remedy in the past but can be sued for today?
Intentional Infliction of emotional distress
What is the tort when someone interferes with a person's right to personal property?
Conversion
Is a victim of a tort entitled to damages (money)? If so, why?
Yes, a victim is entitled to damages because they have been negatively affected by the tort.