Chapter 7 Review Assault intentional conduct by one person directed at another that places the other in apprehension of imminent bodily harm or offensive contact Battery an intentional infliction or harmful or offensive bodily contact Conversion intentional exercise of dominion or control over another s personal property that so seriously interferes with the others right of control as justify requiring the payment of full value for the property Defamation false communication that injures a person reputation by disgracing him and diminishing the respect in which he is held Emotional stress when that person by extreme and outrageous conducts intentionally or recklessly causes severe emotional distress to another False imprisonment act of intentionally confining a person against her will within fixed boundaries if the person is conscious of the confinement or harmed by it Invasion Four distinct torts 1 Appropriation of a persons name or likeness 2 Unreasonable intrusion on the seclusion of another 3 Unreasonable public disclosure or private facts 4 Unreasonable publicity that places another in a false light in the public eye Nuisance non trespassers invasion of another interest in the private use and enjoyment of land Trespass Liable to trespass to real property of he intentionally 1 Enters or remains on land in the possession of another 2 Causes a thing or a third person to so enter or remain 3 Fails to remove from the land a thing that he is under a duty to remove Real property land and anything attached to it such as buildings trees and minerals Disparagement or injurious falsehood imposes liability upon one who publishes a false statement that results in harm to another monetary interests if the publisher knows that the statement is false or acts in reckless disregard of its truth or falsity Chapter 8 Review An action of negligence consist of five elements each of which the plaintiff must prove 1 Duty of care that a legal duty required the defendant to conform to the standard of conduct established for the protection of others 2 Breach of duty that the defendant failed to exercise reasonable care 3 Factual cause that the defendants failure to exercise reasonable care in fact caused the harm the plaintiffs sustained 4 Harm that the harm sustained is of a type protected against negligent conduct 5 Scope of liability that the harm sustained is within the scope of liability which historically has been referred to as proximate cause The reasonable person is a fictitious individual who is always careful and prudent and never negligent Res Ipsa speaks for itself But for test a persons conduct is a cause of an event if the event would not have occurred but for the person s negligent conduct The plaintiff must prove that the defendant s negligent conduct proximately caused harm to a legally protected interest Defenses to Negligence 1 Contributory negligence defined as conduct on the part of the plaintiff that falls below the standard to which he should conform for his own protection and that is a legal cause of the plaintiff s harm 2 Comparative negligence comparative fault or comparative responsibility