BUL 2241- fiu -ch 4 tort law-Questions
with All Complete Solutions 2026
Updated.
assault - - Answer unexcused, intentional act that causes fear on a person
ex Ivan threatens Jean with a gun and then shoots her. The pointing of the gun at Jean is an
assault. The firing of the gun (if the bullet hits Jean) is a battery.
battery - - Answer assault that results in physical contact
The contact can be harmful, or it can be merely offensive (such as an unwelcome kiss). Physical
injury need not occur. The contact can be made by the defendant or by some force set in
motion by the defendant, such as a rock thrown by the defendant. Whether the contact is
offensive or not is determined by the reasonable person standard.
ex Ivan threatens Jean with a gun and then shoots her. The pointing of the gun at Jean is an
assault. The firing of the gun (if the bullet hits Jean) is a battery.
false imprisonment - - Answer intentional confinement/restraint without justification
ex Police arrested Adetokunbo Shoyoye for an unpaid sub- way ticket and for a theft that had
been committed by someone who had stolen his identity. A court ordered that he be released,
but a county employee mistakenly confused Shoyoye's paperwork with that of another person,
who was scheduled to be sent to state prison. As a result, instead of being released, Shoyoye
was held in county jail for more than two weeks. Shoyoye later sued the county for false
imprisonment and won.
intentional infliction of emotional distress - - Answer extreme/outrages outside normal
behavior that causes sever emotional distress
ex A father attacks a man who has had consensual sexual relations with the father's nineteen-
year-old daughter. The father handcuffs the man to a steel pole and threat- ens to kill him unless
he leaves town immediately. The father's conduct may be sufficiently extreme and outrageous
to be actionable as an intentional infliction of emotional distress.
When the outrageous conduct consists of speech about a public figure, the First Amendment's
guarantee of freedom of speech limits emotional distress claims.
, ex Hustler magazine once printed a fake advertisement that showed a picture of the Reverend
Jerry Falwell and described him as having lost his virginity to his mother in an outhouse while he
was drunk. Falwell sued the magazine for intentional inflic- tion of emotional distress and won,
but the United States Supreme Court overturned the deci- sion. The Court held that creators of
parodies of public figures are protected under the First Amendment from claims of intentional
infliction of emotional distress. (The Court applied the same standards that apply to public
figures in defamation lawsuits, discussed next.)
defamation (libel = printed or slander = oral) - - Answer false statement of fact that isnt made
under privilege that a 3rd person heard that causes damage to a person's reputation. public
figures must prove malice
under privilege = juris, job references
ex If Thompson writes Andrews a private letter or text falsely accusing him of embezzling funds,
the action does not constitute libel. If Peters falsely states that Gordon is dishonest and
incompetent when no one else is around, the action does not constitute slander. In neither
instance was the message communicated to a third party.
To establish defamation, a plaintiff normally must prove the following:
1. The defendant made a false statement of fact.
2. The statement was understood as being about the plaintiff and tended to harm the plaintiff's
reputation.
3. The statement was published to at least one person other than the plaintiff.
4. In addition, if the plaintiff is a public figure, she or he must prove actual malice (a statement
must be made with either knowledge of its falsity or a reckless disregard of the truth)
ex In Touch magazine published a story about a former call girl who claimed to have slept with
legendary soccer player David Beckham more than once. Beckham sued In Touch magazine for
libel, seeking $25 million in damages. He said that he had never met the woman, had not
cheated on his wife with her, and had not paid her for sex. After months of litigation, a federal
district court dismissed the case because Beckham could not show that the magazine had acted
with actual malice. Whether or not the statements in the article were accurate, there was no
evidence that the defendants had made the statements with knowledge of their falsity or
reckless disregard for the truth.12
Statements of opinion normally are not actionable because they are protected under the First
Amendment.
Truth is normally an abs
with All Complete Solutions 2026
Updated.
assault - - Answer unexcused, intentional act that causes fear on a person
ex Ivan threatens Jean with a gun and then shoots her. The pointing of the gun at Jean is an
assault. The firing of the gun (if the bullet hits Jean) is a battery.
battery - - Answer assault that results in physical contact
The contact can be harmful, or it can be merely offensive (such as an unwelcome kiss). Physical
injury need not occur. The contact can be made by the defendant or by some force set in
motion by the defendant, such as a rock thrown by the defendant. Whether the contact is
offensive or not is determined by the reasonable person standard.
ex Ivan threatens Jean with a gun and then shoots her. The pointing of the gun at Jean is an
assault. The firing of the gun (if the bullet hits Jean) is a battery.
false imprisonment - - Answer intentional confinement/restraint without justification
ex Police arrested Adetokunbo Shoyoye for an unpaid sub- way ticket and for a theft that had
been committed by someone who had stolen his identity. A court ordered that he be released,
but a county employee mistakenly confused Shoyoye's paperwork with that of another person,
who was scheduled to be sent to state prison. As a result, instead of being released, Shoyoye
was held in county jail for more than two weeks. Shoyoye later sued the county for false
imprisonment and won.
intentional infliction of emotional distress - - Answer extreme/outrages outside normal
behavior that causes sever emotional distress
ex A father attacks a man who has had consensual sexual relations with the father's nineteen-
year-old daughter. The father handcuffs the man to a steel pole and threat- ens to kill him unless
he leaves town immediately. The father's conduct may be sufficiently extreme and outrageous
to be actionable as an intentional infliction of emotional distress.
When the outrageous conduct consists of speech about a public figure, the First Amendment's
guarantee of freedom of speech limits emotional distress claims.
, ex Hustler magazine once printed a fake advertisement that showed a picture of the Reverend
Jerry Falwell and described him as having lost his virginity to his mother in an outhouse while he
was drunk. Falwell sued the magazine for intentional inflic- tion of emotional distress and won,
but the United States Supreme Court overturned the deci- sion. The Court held that creators of
parodies of public figures are protected under the First Amendment from claims of intentional
infliction of emotional distress. (The Court applied the same standards that apply to public
figures in defamation lawsuits, discussed next.)
defamation (libel = printed or slander = oral) - - Answer false statement of fact that isnt made
under privilege that a 3rd person heard that causes damage to a person's reputation. public
figures must prove malice
under privilege = juris, job references
ex If Thompson writes Andrews a private letter or text falsely accusing him of embezzling funds,
the action does not constitute libel. If Peters falsely states that Gordon is dishonest and
incompetent when no one else is around, the action does not constitute slander. In neither
instance was the message communicated to a third party.
To establish defamation, a plaintiff normally must prove the following:
1. The defendant made a false statement of fact.
2. The statement was understood as being about the plaintiff and tended to harm the plaintiff's
reputation.
3. The statement was published to at least one person other than the plaintiff.
4. In addition, if the plaintiff is a public figure, she or he must prove actual malice (a statement
must be made with either knowledge of its falsity or a reckless disregard of the truth)
ex In Touch magazine published a story about a former call girl who claimed to have slept with
legendary soccer player David Beckham more than once. Beckham sued In Touch magazine for
libel, seeking $25 million in damages. He said that he had never met the woman, had not
cheated on his wife with her, and had not paid her for sex. After months of litigation, a federal
district court dismissed the case because Beckham could not show that the magazine had acted
with actual malice. Whether or not the statements in the article were accurate, there was no
evidence that the defendants had made the statements with knowledge of their falsity or
reckless disregard for the truth.12
Statements of opinion normally are not actionable because they are protected under the First
Amendment.
Truth is normally an abs
