Exam 7: Intentional Torts

Manuel applied for a variance from the local zoning ordinance in order to build a building. His neighbor Sandra appeared before the zoning board to speak in opposition to the application. At the hearing, Sandra testified under oath and made several untruthful statements regarding Manuel's character which she believed, but which were not correct. The variance was denied. Manuel is now considering a lawsuit against Sandra for slander. Does Manuel have a valid cause of action for slander against Sandra? Explain. What are the elements that he must prove to win a case of slander? What defenses can Sandra raise to the action?

A true statement of a highly personal nature made to embarrass someone is defamation.

The intentional dispossession or unauthorized use of the personal property of another is known as:

The terms "nuisance" and "trespass to property" refer to the same tort.

Pointing an unloaded gun at someone who believes it is loaded and threatening to shoot constitutes an assault.

Discuss the three types of privileges that are defenses to defamation. How do they differ? In what context are they used? Why do these defenses exist? Absolute privilege protects the defendant regardless of the motive or intent. With this defense, public policy favors complete freedom of speech. Example:

Invasion of privacy consists of:

Compare and contrast the intent necessary to commit a tort to the intent necessary to commit a crime.

Many courts will allow recovery for the infliction of emotional distress even in the absence of physical injury.

Three torts comprise the misuse of legal procedure: malicious prosecution, wrongful criminal proceedings, and verbal abuse.

The tort of appropriation is also known as the right of publicity.

Tort law:

A newspaper article hints that a certain corporation is a front for illegal activity. The corporation:

Arthur fired a gun in the middle of the desert. He intended to fire the gun, but had no reason to believe anyone else was in the area. If the bullet hits Tom, who happened to be riding his ATV across the desert:

The tort of false light imposes liability if the matter in question is objectionable to a reasonable person but is not necessarily defamatory.

What are the two broad categories of defenses available to intentional torts? Under what circumstances can the U.S. Constitution be used as a defense to an action for an intentional tort?

The cause of action of intentional infliction of emotional distress will protect a person from abusive language and rudeness.

_{46. The tort of is a false communication which injures a person's reputation and good name by disgracing him and} Diminishing the respect in which he is held.

A photographer taking photos of a movie star with a telephoto lens would NOT be guilty of intrusion if the:

An employer: