GBL 295 EXAM 2

GBL 295 Exam 2 Tort: A “Civil Wrong” Torts refer to a general classification covering civil causes of action providing private remedy for injury to one party caused by the tortious conduct of another party. The goal of tort law is to shift / distribute losses from victims to perpetrators. Compensation: Through the award of damages. The object of compensation is to place the victim in the position he/she was before the tort was committed. Difficult to do, so we compensate. Assault: Occurs when one person intentionally puts another in reasonable fear of an imminent offensive or harmful bodily contact Battery: Harmful or offensive touching ­ includes pushing, punching, spitting, or shooting. False Imprisonment: The intentional confinement of a person against the person’s will and without lawful privilege (ex. being handcuffed or locked in a room or car). Defamation: Involves false and defamatory statement concerning another. Must be false, communicated to a 3rd party and damaging to the victims reputation. Libel: Publication of defamatory matter in a physical form; actionable without proof of special damages. Slander: Publication of defamatory matter in oral or non­libel form; not actionable without proof unless it imputes serious moral defamations. Conversion: When property is stolen, destroyed, or used in a manner inconsistent with the owner’s right. Its criminal counterpart is theft. Trespass to Chattels: Defendant intentionally interferes through physical contact or dispossession. Intent to act, not motive, is required, with actual damages shown.
Dispossession involves taking items from plaintiff’s possession without consent, blocking plaintiff’s access to them, or destroying them while in Plaintiff’s possession. Trespass to Land: Defendant enter plaintiff’s land or causes a person or thing to do so.
Defendant remains on plaintiff’s land after privilege to remain expires. Intent only is needed; manner may be direct