1. GA-International Torts Flashcards
What is Battery in Georgia?
Any unauthorized or offensive contact, no matter how minimal, is actionable as a physical injury to the person for the cause of action for battery.
Intent is not an element of the claim but can only be considered in damages.
What is medical battery in Georgia?
A plaintiff may recover for a medical battery by establishing either:
* Lack of consent to the procedure performed
* Treatment was at substantial variance with the consent granted.
What is False Imprisonment in Georgia?
The unlawful detention of the person of another, for any length of time, whereby such person is deprived of his personal liberty. Malice and the lack of probable cause need not to be shown.
What is Intentional Infliction of Emotional Distress in Georgia?
Georgia recognizes the tort of intentional infliction of emotional distress, but also requires that the conduct in question be directed at the plaintiff.
When can a landowner sue for trespass to land in Georgia?
The landowner can sue for trespass if no one else possesses the land under the same title.
What is the rule for an owner or future owner’s ability to sue a tenant for trespass to land in Georgia?
Even if a tenant is in possession, the owner or future owner can still sue for trespass if it harms the property’s value.
What are the damages for Conversion in Georgia?
Damages for the fair market value of the converted property are measured by the highest market value existing between the time of the conversion and the trial.
What are damages for Replevin in Georgia?
If Replevin is sought, the plaintiff may recover its fair rental value.
What is Defense of Others in Georgia?
Georgia follows the reasonable mistake doctrine, allowing the use of force to defend another if the actor reasonably believes that the person in need of aid would be permitted to use self-defense.
What is the defense of Property in Georgia?
Georgia’s ‘defense of habitation’ statute allows a home occupant to use deadly force against an intruder if they reasonably believe:
* Entry is violent and threatens serious harm
* Force is used against an unlawful, forceful entry
* Entry is to commit a felony, and deadly force is needed to prevent it
* There is no duty to retreat.
What is the Defense to Recapture of Chattel in Georgia?
Georgia’s rule for deadly force in defense of property other than a habitation is justified only when based on a reasonable belief that it is necessary to prevent the commission of a felony.
There is no duty to retreat.
What is the rule for recovery of wrongfully dispossessed land in Georgia?
Georgia follows the majority rule and provides for an ejection in ejectment to recover wrongfully dispossessed land.
What is self-defense in Georgia?
There is no duty to retreat before using deadly force if the person reasonably believes that such force is necessary to prevent death or great bodily injury to himself.
