1L stuff Flashcards
What are the tortious claims available to a plaintiff?
Personal inury Property Damage Emotional Distress Invasion of reputation/privacy Economic harm / financial loss
A defendant’s conduct fall in to 3 bases of liability, what are they?
Intent - volitional act
Negligence - duty, breach, damages
Strict Liability - d is liable regardless of intent or mental state
What are the Torts to the Person?
Battery
Assault
Emotional distress
False Imprisonment
What are the elements of Battery Tort?
A volitional act by D
to touch/contact P
causing harm or offense
harm = injury, disfigurement, impaires the body offensive = offends a reasonable person dignity.
Prima Facie cases for Battery
Intention to inflict harm volitional act by D Harmful/offensive touching Causation Lack of consent Damages
What is the prima facie case for Assault?
Intent Act Apprehension Causation Lack of Consent Damages
What is the prima facie case for False Imprisonment?
Intent Act Confinement Cause and Proximate Cause Damages
In an assault tort, name and define the 2 ways a defendant can cause apprehension.
Source of threatened harmed: D liable if s/he arouses apprehension from another source.
Imminence of threatened harm: threat of an imminent harmful or offensive touching is required, words may negate the threat.
Assault tort: is the plaintiffs fear a required element in his/her apprehension?
No, fear is not required. P’s belief in D’s ability to inflict a harmful or offensive touching will suffice.
Define “confinement” as it applies to the tort of Flase imprisonment.
Where P is restricted to a limited area with no knowledge of escape.
False Imprisonment: List the causes of confinement.
Physical force
Threats of imminent harm
Barriers, actual or apparent
Assertion of legal authority
What are the four ways in which an offer is terminated? List the phrases.
The four ways in which an offer is terminated:
Rejection and Counter-offer
Lapse
Revocation
Death or Incapacity
What is Restatement § 38?
The offeree may outright reject the offer as stated. A “rejection” results in the termination of the offer unless the offeror had manifested a different intention.
§ 38 Rejection
(1) An offeree’s power of acceptance is terminated by his rejection of the offer, unless the offeror has manifested a contrary intention.
(2) A manifestation of intention not to accept an offer is a rejection unless the offeree manifests an intention to take it under further advisement.
What is a counter-offer?
Counter-offer is when the offeree responds to the offer not with an acceptance or outright rejection, but rather with an offer of his or her own to the original offeror. Where the new offer relates to the same subject matter as the original offer and essentially is proposing a substituted bargain
A revocation occurs (and, thereby terminates the offeree’s power of acceptance) when the offeree
1) RECEIVES from the offeror
2) a MANIFESTATION OF INTENTION not to enter into the proposed contract.
