FLORIDA BAR EXAM - FLORIDA TORT DISTINCTIONS
Intentional Infliction of Emotional Distress - Answers - 1) Act by defendant amounting to
extreme and outrageous conduct;
2) Intent on part of defendant to cause plaintiff to suffer severe emotional distress, or
recklessness, as to the effect of the defendant's conduct;
3) Causation; and
4) Damages
Intentional Infliction of Emotional Distress, Physical Impact - Answers - Florida DOES
NOT required physical impact or physical manifestation for IIED claims.
Florida Self Defense - Answers - In Florida, a person who is not engaged in a criminal
activity and who is attacked in any place where she has a right to be has no duty to
retreat and has the right to use or threaten to use force, including deadly force, if she
reasonably believes it is necessary to prevent death or great bodily harm to herself or
another or to prevent commission of a forcible felony.
Florida Self Defense, Duty to Retreat - Answers - There is no duty to retreat, including
when using deadly force, so long as the person is in a place where she has a right to
be.
Florida Self Defense, Presumption of Reasonable Fear of Serious Bodily Injury or Death
- Answers - In Florida, a person is generally presumed to have held a reasonable fear of
death or great bodily harm to herself or another if: (i) the person against whom the
defensive force was used or threatened had unlawfully and forcefully entered a
dwelling, residence, vehicle, or was in the process of doing so, and (ii) the person who
uses or threatens to use defensive force knew or had reason to believe that an unlawful
or forcible entry was occurring.
Defense of Property - Answers - In Florida, use of force—except deadly force—is
justified to protect a person's property based on reasonable belief that such conduct is
necessary to prevent or terminate tortious or criminal interference wit the property. The
property must be in the lawful possession of the actor or her family.
Defense of Property, Duty to Retreat - Answers - There is no duty to retreat if in a place
where she has a right to be.
Defense of Property, Deadly Force - Answers - Deadly force is not justified absent a
reasonable belief that such force is necessary to prevent imminent commission of a
forcible felony.
, Shopkeeper's Privilege - Answers - Shopkeepers have been given a privilege to detain
suspects for investigation. There must be reasonable belief as to the facts of the theft,
the detention must be conducted in a reasonable manner and use only nondeadly force,
and detention must be for a reasonable period of time and for the purpose of making an
investigation.
Shopkeeper's Privilege, Florida Application - Answers - Applies to shopkeepers,
farmers, and mass transit agents.
Defamation, Fault and Falsity - Answers - In Florida, proof of fault and falsity is required
in ALL defamation cases.
Defamation, Media Defendant - Answers - In Florida, written notice must be served to a
media defendant at least five days before filing a suit for libel or slander. The notice
must specify the alleged false and defamatory article or broadcast. If the media
defendant fully retracts the statement within 10 days of receipt of notice, and if the
original publication or broadcast was made in good faith, then only actual damages may
be recovered.
Loss of qualified privilege through abuse - Answers - in FL, the "malice" sufficient to
defeat a qualified privilege is common law express malice - present when the primary
motive for the statement is shown be an intention to injure the plaintiff. To overcome a
qualified privilege, a P is only required to demonstrate express malice by a
preponderance of the evidence
False Light - Answers - Florida does not recognize the tort of false light because it is
largely duplicitous of defamation and because it has the tendency to chill First
Amendment speech.
Misrepresentation - Answers - In Florida you need a misrepresentation made with
scienter, intent to induce reliance, causation (actual reliance), and damages. Florida
DOES NOT require the element of justifiable reliance.
Interference with Business Relationships - Answers - In Florida, intentional interference
with a business relationship requires an existing business relationship evidenced by an
actual identifiable agreement that in all probability wold have been completed had the
defendant not interfered. In Florida, no cause of action exists where the "relationship" is
based on speculation regarding future sales to past customers.
Negligence, Prenatal Injuries - Answers - In Florida, both parent and child have an
action for prenatal injuries provided that the child is born alive
- if the fetus dies from the injuries, the PARENTS may NOT bring a wrongful death
action, but they may bring a "negligent stillbirth' action for mental pain and anguish
damages and medical expenses incident to the pregnancy
Intentional Infliction of Emotional Distress - Answers - 1) Act by defendant amounting to
extreme and outrageous conduct;
2) Intent on part of defendant to cause plaintiff to suffer severe emotional distress, or
recklessness, as to the effect of the defendant's conduct;
3) Causation; and
4) Damages
Intentional Infliction of Emotional Distress, Physical Impact - Answers - Florida DOES
NOT required physical impact or physical manifestation for IIED claims.
Florida Self Defense - Answers - In Florida, a person who is not engaged in a criminal
activity and who is attacked in any place where she has a right to be has no duty to
retreat and has the right to use or threaten to use force, including deadly force, if she
reasonably believes it is necessary to prevent death or great bodily harm to herself or
another or to prevent commission of a forcible felony.
Florida Self Defense, Duty to Retreat - Answers - There is no duty to retreat, including
when using deadly force, so long as the person is in a place where she has a right to
be.
Florida Self Defense, Presumption of Reasonable Fear of Serious Bodily Injury or Death
- Answers - In Florida, a person is generally presumed to have held a reasonable fear of
death or great bodily harm to herself or another if: (i) the person against whom the
defensive force was used or threatened had unlawfully and forcefully entered a
dwelling, residence, vehicle, or was in the process of doing so, and (ii) the person who
uses or threatens to use defensive force knew or had reason to believe that an unlawful
or forcible entry was occurring.
Defense of Property - Answers - In Florida, use of force—except deadly force—is
justified to protect a person's property based on reasonable belief that such conduct is
necessary to prevent or terminate tortious or criminal interference wit the property. The
property must be in the lawful possession of the actor or her family.
Defense of Property, Duty to Retreat - Answers - There is no duty to retreat if in a place
where she has a right to be.
Defense of Property, Deadly Force - Answers - Deadly force is not justified absent a
reasonable belief that such force is necessary to prevent imminent commission of a
forcible felony.
, Shopkeeper's Privilege - Answers - Shopkeepers have been given a privilege to detain
suspects for investigation. There must be reasonable belief as to the facts of the theft,
the detention must be conducted in a reasonable manner and use only nondeadly force,
and detention must be for a reasonable period of time and for the purpose of making an
investigation.
Shopkeeper's Privilege, Florida Application - Answers - Applies to shopkeepers,
farmers, and mass transit agents.
Defamation, Fault and Falsity - Answers - In Florida, proof of fault and falsity is required
in ALL defamation cases.
Defamation, Media Defendant - Answers - In Florida, written notice must be served to a
media defendant at least five days before filing a suit for libel or slander. The notice
must specify the alleged false and defamatory article or broadcast. If the media
defendant fully retracts the statement within 10 days of receipt of notice, and if the
original publication or broadcast was made in good faith, then only actual damages may
be recovered.
Loss of qualified privilege through abuse - Answers - in FL, the "malice" sufficient to
defeat a qualified privilege is common law express malice - present when the primary
motive for the statement is shown be an intention to injure the plaintiff. To overcome a
qualified privilege, a P is only required to demonstrate express malice by a
preponderance of the evidence
False Light - Answers - Florida does not recognize the tort of false light because it is
largely duplicitous of defamation and because it has the tendency to chill First
Amendment speech.
Misrepresentation - Answers - In Florida you need a misrepresentation made with
scienter, intent to induce reliance, causation (actual reliance), and damages. Florida
DOES NOT require the element of justifiable reliance.
Interference with Business Relationships - Answers - In Florida, intentional interference
with a business relationship requires an existing business relationship evidenced by an
actual identifiable agreement that in all probability wold have been completed had the
defendant not interfered. In Florida, no cause of action exists where the "relationship" is
based on speculation regarding future sales to past customers.
Negligence, Prenatal Injuries - Answers - In Florida, both parent and child have an
action for prenatal injuries provided that the child is born alive
- if the fetus dies from the injuries, the PARENTS may NOT bring a wrongful death
action, but they may bring a "negligent stillbirth' action for mental pain and anguish
damages and medical expenses incident to the pregnancy
