Blackstone’s Commentary on the Common Law was widely read among the population in the American Colonies. It contributed to a moral, legal populace. They lived with legal minds.
Tort Law – a legal action brought against one person by another person (not the state)
Three kinds of torts: Intentional Torts; Torts committed by Negligence; and those for which the tortfeasor is strictly liable (liable even without fault).
The Intentional Torts – prima facie elements (what must be proved to prevail)
Battery: 1) intent, 2) to commit an act, that 3) caused 4) of harm or offensive contact.
Assault: 1) intent, 2) to commit an act, that 3) caused an 4) immediate apprehension of harm or offensive contact.
False Imprisonment: 1) intent, 2) to confine a person, that 3) caused 4) knowing restraint to a bounded area.
Intentional Infliction of Emotional Distress: 1) Intent, 2) to act outrageously, that 3) caused 4) actual damages.
Defenses to these: Consent (express of implied), defense of others
Trespass to Land: 1) Intent, 2) physical invasion by a person or object, 3) of real property, 4) causation
Trespass to Chattels: 1) Intent, 2) interfering with right of possession of personal property, 3) causing, 4) actual damages
Conversion: 1) intent, 2) serious disruption of possession of personal property, 3) causation
Defenses to these: Timely Recapture of Chattels, Necessity, emergency
Defamation: 1) Defamatory language, 2) concerning plaintiff, 3) published to a third person, 4) damaging reputation
Defense: 1) consent, 2) truth, 3) public figure of matter (requiring malice)
Invasion of Privacy: 1) Four Kinds – A) Unauthorized use of Name or Picture, B) Intrusion into One’s Affairs or Seclusion, C) Placing Another in a False Light, or D) Public Disclosure of Private Facts, which 2) caused by an act leading to, 3) damages.
Misrepresentation: 1) false statement of a material fact, 2) made knowingly (scienter), 3) with intent, 4) direct cause, 5) with justifiable reliance, leading to 6) damages.
Interference with Contract: 1) intentional interference with 2) a valid contract, 2) knowing of the contract, leading to 4) damages.
