Part 1: Torts Against Persons | Assignment 9

Start Here: 5 Things You MUST Know

Battery = unauthorized touching. Assault = fear of imminent touching. You can have one without the other.

Slander per se has 4 categories where damages are presumed — no proof of financial loss needed.

Truth is an absolute defense to defamation. Absolute privilege protects courtroom testimony even if false.

Public figures must prove actual malice (knew it was false or reckless disregard) to win defamation.

There are 6 types of invasion of privacy and 7 defenses — the exam loves testing these.

1. Battery

Battery

The intentional, unauthorized touching of another person in a harmful or offensive way. You do NOT need to actually injure someone — just touching them without permission in an offensive manner counts.

Required Elements

The touching must be intentional (not accidental)
The touching must be unauthorized (no consent)
It must be harmful or offensive to a reasonable person
Actual physical injury is NOT required
Touching clothing or connected objects counts

Defenses to Battery

Consent — plaintiff agreed (e.g., contact sports)
Self-defense — protecting yourself
Defense of others — protecting someone else
Reasonable physical discipline — parent/child
Good faith action in certain circumstances

Real-World Scenario: Offensive Contact Without Injury

The Setup: Dave is angry at his coworker Maria during a meeting.

What Happens: Dave grabs Maria's arm and shoves her away from the conference table. Maria is not injured but is offended and frightened.

The Result: This is battery. Even though Maria was not physically hurt, Dave intentionally touched her in an offensive, unauthorized way. Maria can sue for battery and recover damages for the offensive contact.

Critical Distinction: Battery vs. Assault

You CAN have battery without assault, and assault without battery. Someone touches you from behind without warning = battery but no assault (no prior apprehension). Someone swings at you and misses = assault but no battery (fear, but no contact).

2. Assault

Assault

An intentional act that causes another person to fear or apprehend an immediate harmful or offensive touching. Think of it as the "threat" of battery. No actual touching is required — just making someone believe they are about to be hit.

Key Rules

Victim must have reasonable apprehension of immediate harmful contact
The threat must be imminent — future threats do NOT count
Words alone are usually not enough — must include a physical gesture or action
Defendant must have the apparent ability to carry out the threat

Real-World Scenario: Swing and a Miss

The Setup: Tom raises his fist right in front of Karen's face.

What Happens: Tom swings at Karen but misses. Karen flinches and ducks.

The Result: This is assault. Karen had reasonable fear of immediate harmful contact. Even though Tom never touched her (no battery), the assault is complete because Karen feared the contact.

More Assault Examples (No Touching Needed)

Swinging a fist close to someone's face without touching them = assault

Pointing an unloaded gun at someone (if they do not know it is unloaded) = assault

Defenses: Same as battery — consent, self-defense, defense of others.

3. False Imprisonment & False Arrest

False Imprisonment

The intentional and unlawful detention of one person by another. The person is held against their will with no legal right to do so.

Detention must be intentional
Person must be actually confined
Confinement can be physical, by threat, or by assertion of legal authority
No lawful justification

False Arrest

A specific type of false imprisonment where someone is detained under a false claim of legal authority. Applies to both police officers making unlawful arrests and private citizens making improper citizen's arrests.

Citizen's Arrest Rules:

Felony: Reasonable grounds to believe a felony was committed

Misdemeanor: ONLY for breach of the peace committed in your presence

Real-World Scenario: Overzealous Security Guard

The Setup: A department store security guard suspects a customer of shoplifting.

What Happens: The guard detains the customer in a back room for 3 hours, even though the customer has receipts for all items.

The Result: This could be false imprisonment. While many states allow brief, reasonable detention of suspected shoplifters (shopkeeper's privilege), holding someone for 3 hours is likely unreasonable. The customer can sue.

Defenses

Lawful authority to detain
Reasonable detention for a reasonable time (shopkeeper's privilege)
Consent

4. Intentional Infliction of Emotional Distress

Intentional Infliction of Emotional Distress (IIED)

When someone deliberately engages in extreme and outrageous conduct that causes severe emotional distress to another person. This is for truly shocking behavior — not just being rude or insensitive.

Required Elements

Conduct must be extreme and outrageous — beyond all bounds of decency
Defendant intended to cause distress OR acted with reckless disregard
Plaintiff must suffer severe emotional distress
Many courts allow recovery even without physical injury IF there is a physical manifestation (anxiety attacks, insomnia, ulcers)

Intentional (IIED)

Requires deliberate extreme and outrageous conduct or reckless disregard. The bar is very high.

Negligent (NIED)

Does NOT require intent — just careless behavior causing emotional harm. Usually requires physical impact or manifestation.

Real-World Scenario: Insurance Bad Behavior

The Setup: An insurance company knows a claim is valid.

What Happens: The insurer deliberately delays payment for months, sends threatening letters, and tells the insured they will "destroy" them financially if they complain.

The Result: This could be intentional infliction of emotional distress. The insurer's conduct is extreme and outrageous, going far beyond normal claims handling. The insured can sue for emotional distress damages.

5. Defamation: Slander & Libel

Defamation

Making a false statement about someone to a third party that damages their reputation. Two types: slander (spoken) and libel (written/published).

4 Elements of Any Defamation Claim

A false statement of fact (not opinion)

Publication to at least one third party

Statement was about the plaintiff (identifiable)

Statement damaged plaintiff's reputation

Slander (Spoken)

False spoken statements. Plaintiff must prove actual damages (lost money/business) UNLESS it is slander per se.

Slander Per Se (Damages Presumed):

Accusing someone of a serious crime
Saying someone has a loathsome disease
Harming someone's business, trade, or profession
Accusing a woman of being unchaste

Libel (Written/Published)

False written, printed, or published statements. Generally considered more serious than slander because they are permanent and have wider distribution.

Libel Per Se:

Written statements that are defamatory on their face — any reasonable reader would understand them to be harmful to reputation. No proof of specific damages required.

Real-World Scenario: Insurance Agent Slander

The Setup: Insurance agent Jim is competing with agent Sarah for a large commercial account.

What Happens: Jim tells the prospective client: "Don't use Sarah — she's been investigated for fraud and embezzlement." This is completely false.

The Result: This is slander per se (imputing a serious crime and harming someone's profession). Sarah does NOT need to prove specific financial loss — damages are presumed.

Public Figure Rule (Sullivan v. New York Times, 1964)

A public figure suing for defamation must prove actual malice — the defendant KNEW the statement was false OR acted with reckless disregard for truth or falsity. This is a MUCH harder standard than for private individuals.

4 Defenses to Defamation

1. Truth

Absolute defense — if the statement is true, it is not defamation. Period.

2. Retraction

Publicly taking back the statement. Does not eliminate liability but can reduce damages.

3. Absolute Privilege

Statements in protected settings (courtroom testimony, legislative proceedings) — completely immune, even if false.

4. Conditional (Qualified) Privilege

Good faith statements in certain contexts (employer references, credit reports). Lost if made with malice.

6. Invasion of the Right of Privacy

A group of torts that protect your right to be left alone and to control personal information about yourself. There are 6 recognized types.

Intrusion on Solitude or Seclusion

Physically or electronically intruding into someone's private space.

Example: Wiretapping, secretly filming someone in their home.

Physical Invasion

Physically entering someone's private space.

Example: Breaking into someone's home to take photographs.

Public Disclosure of Private Facts

Publishing true but private information that a reasonable person would find highly offensive.

Example: Publishing someone's medical records without consent.

False Light Publicity

Publishing information that creates a false, highly offensive impression.

Example: Using someone's photo alongside a drug dealer story, implying they are one.

Unauthorized Release of Confidential Info

Releasing private records or data without authorization.

Example: A doctor sharing patient records with an employer.

Appropriation of Name or Likeness

Using someone's name, photo, or identity for commercial purposes without consent.

Example: Using a celebrity's photo in an ad without permission.

7 Defenses to Invasion of Privacy

1. Plaintiff previously published the information themselves

2. Plaintiff consented to the publication

3. Plaintiff is a public figure or information is public knowledge

4. Information was part of a news event

5. Publication would not offend a person of ordinary sensibility

6. Matters were disclosed in judicial proceedings

7. Information is of public interest

Cheat Sheet

Print this page for quick reference

Physical Torts

Battery = intentional unauthorized harmful/offensive touching
Assault = causing fear of imminent harmful contact
False imprisonment = unlawful detention against will
IIED = extreme/outrageous conduct causing severe distress
Battery without assault: touched from behind. Assault without battery: swing and miss

Defamation

Slander = spoken. Libel = written (more serious)
Slander per se: crime, disease, profession, unchastity
Truth = absolute defense. Retraction = reduces damages
Public figures must prove actual malice
Absolute privilege: courtroom, legislature. Conditional: good faith

Invasion of Privacy — 6 Types

Exam Trap Alerts

1. Battery Does NOT Require Injury

The exam will try to trick you with "no injury, no battery." WRONG. Any offensive, unauthorized touching is battery — even if the plaintiff was not physically harmed.

2. Assault Requires Imminent Threat

A threat to harm someone "next week" is NOT assault. The threat must be immediate. Also, words alone are usually insufficient — there must be a physical gesture.

3. Slander Per Se = Damages Presumed

If the slander falls into one of the 4 per se categories (crime, disease, profession, unchastity), the plaintiff does NOT have to prove specific financial loss. The exam tests this frequently.

4. Truth Is an ABSOLUTE Defense to Defamation

If the statement is true, it is not defamation regardless of how damaging it is. Retraction only reduces damages — it does not eliminate liability.

5. Public Disclosure of Private Facts = True Information

Unlike defamation (which requires a FALSE statement), this privacy tort involves publishing true but private information. The fact that it is true does NOT protect you here.

Quick Reference Summary

Battery

Intentional unauthorized harmful/offensive touching. Injury NOT required.

Assault

Causing fear of imminent harmful contact. No touching needed.

False Imprisonment

Intentional unlawful detention against will. False arrest = under false legal authority.

IIED

Extreme/outrageous conduct causing severe emotional distress.

Slander vs. Libel

Spoken vs. written defamation. Libel = more serious. Per se = damages presumed.

Privacy Torts

6 types protecting the right to be left alone. 7 defenses including consent and public interest.