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 Assault?
An intentional act that causes the plaintiff to experience a reasonable apprehension of an IMMINENT harmful or offensive contact.
The defendant must either:
- Act with the desire to cause an imminent harmful or offensive contact or the imminent apprehension of such contact; and
- Know that such a result is substantially certain to occur.
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.
What is the Transferred Intent Doctrine?
The doctrine applies when a defendant’s intended actions against one party unintentionally harm another party, maintaining liability for the resulting tort.
What intentional torts does the Transferred Intent Doctrine apply to?
- Battery
- Assault
- False imprisonment
- Trespass to land
- Trespass to chattels
What is required for assault to be completed?
The defendant must have the apparent present physical ability to complete his threatened battery.
Words alone are not sufficient
Does a defendant’s lack of actual ability to cause harmful contact defeat liability for assault?
No, if the plaintiff’s apprehension is reasonable, the fact that the defendant lacked the actual ability to cause harmful or offensive contact does not defeat liability.
When is a person not liable for Assault?
When a reasonable person in the same position would not have experienced the same apprehension.
Is a threat to harm in the future considered assault?
No.
What is the Shopkeeper’s Privilege?
A defendant-shopkeeper is not liable for false imprisonment if:
- Has a reasonable suspicion that the plaintiff has stolen goods;
- Uses reasonable force to detain the person; and
- Detains the plaintiff for a reasonable period and in a reasonable manner, either on the premises or in the immediate vicinity.
What must a plaintiff show to establish intent for IIED?
- Desired to cause emotional distress
- Knew with substantial certainty emotional distress would occur
- Recklessly disregarded the high probability of emotional distress
Can a defendant’s conduct directed at a third party be IIED?
To recover damages in this situation, the plaintiff must prove that she:
(i) is in a close relationship with the person injured by the defendant;
(ii) was present at the scene of the injury; and
(iii) personally observed or perceived the event;
the defendant is aware of the presence of the third person
What is Trespass to Land?
An intentional tort that causes a physical invasion of the plaintiff’s actual possession or right to immediate possession of their land.
Is mistake a defense for Trespass to Land?
No. A person is liable for trespass if he enters another person’s land because of mistaken belief that it is his own, even if the mistake is completely understandable and reasonable.
What is Trespass to Chattels?
An intentional act by the defendant that dispossesses or indirectly interferes with the plaintiff’s immediate possession or right to immediate possession of their chattel.
What is Conversion?
An intentional act by a defendant that causes destruction of or intentionally exercises dominion and control over a plaintiff’s chattel.
What six factors determine the exercise of dominion and control over the chattel?
- Extent and duration of the defendant’s exercise of dominion
- Extent and duration of the resulting interference
- Defendant’s intent to assert a right inconsistent with the plaintiff’s right
- Defendant’s bad faith
- Harm done to chattel
- Inconvenience and expense caused to the plaintiff
What are the seven defenses/privileges to intentional torts?
The seven defenses/privileges are:
1. Privilege
2. Defense of others
3. Defense of property
4. Consent
5. Authority
6. Necessity
7. Self-defense
These defenses can mitigate or eliminate liability for intentional torts.
What is the defense of Consent?
A defendant is not liable for an intentional tort if the plaintiff consented to the act.
What constitutes effective consent?
Effective consent requires:
1. The consent MUST be effective
2. The defendant MUST NOT exceed the scope of the consent(if so, will be liable for damages)
What is the Defense of Authority?
A police officer can assert the privilege of authority when making an arrest with a warrant, valid or invalid, if their mistake about the person’s identity was reasonable.
When is no trespass to land?
when the entry was accidental.
Is Mistake a defense for Trespass to Chattels?
No. A defendant is liable even though he did not intend or recognize the legal significance of his act.
Is mistake a defense for conversion?
No. The defendant is NOT relieved of liability for conversion because of a mistake of law or fact EXCEPT when such mistake was created by the plaintiff.
NO Defense of Others
The defendant’s belief in the need to use force to defend another MUST at least be REASONABLE.
The defendant will not be able to invoke the defense of others defense if:
i.) defendant makes a negligent mistake about whether the third party is in physical danger (i.e., unreasonably believes the third party is in danger), or
ii.) whether the defendant’s proposed physical contact will help avoid danger.
His Mistake about the danger MUST BE REASONABLE!
