Intentional Torts & Defamation

Question 1

Vosburg v. Putney (Wis. 1891) — the schoolroom kick — held?

Accepted Answer

Battery: where the intended act is unlawful, the defendant is liable for all resulting harm, even harm that was not foreseen (the eggshell plaintiff). (Source: Vosburg v. Putney, 80 Wis. 523 (1891))

Question 2

Byrne v. Boadle (1863) — falling flour barrel — doctrine?

Accepted Answer

Res ipsa loquitur: the thing speaks for itself — the occurrence itself may raise an inference of negligence. (Source: Byrne v. Boadle (1863) 2 H & C 722)

Question 3

New York Times Co. v. Sullivan (1964) — standard for public officials suing for defamation?

Accepted Answer

Actual malice: the statement was made with knowledge that it was false or with reckless disregard of whether it was false. (Source: New York Times Co. v. Sullivan, 376 U.S. 254 (1964))

Question 4

Gertz v. Robert Welch, Inc. (1974) — private-figure plaintiffs?

Accepted Answer

States may not impose liability without fault; private figures need not prove actual malice for actual damages, but presumed or punitive damages require actual malice. (Source: Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974))

Question 5

What are the elements of battery?

Accepted Answer

An act intended to cause harmful or offensive contact (or imminent apprehension of it), which results in harmful or offensive contact with the plaintiff. (Source: Restatement (Second) of Torts §§ 13, 18)

1.Vosburg v. Putney (Wis. 1891) — the schoolroom kick — held?

2.Byrne v. Boadle (1863) — falling flour barrel — doctrine?

3.New York Times Co. v. Sullivan (1964) — standard for public officials suing for defamation?

4.Gertz v. Robert Welch, Inc. (1974) — private-figure plaintiffs?

5.What are the elements of battery?