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Torts 1 Del Law > 1st Assessment > Flashcards

1st Assessment Flashcards

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1
Q

Intent

A

Intent = Sienter (general or specific) + Voluntary Act

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2
Q

Intentional Torts

A

Battery, Assault , False Imprisonment, Trespass to Land, Trespass to Chattel [Intentional Infliction of Serious Emotional Distress]

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3
Q

Battery

A

One acts with intent to bring about contact which is harmful or offensive to the plaintiff + such contact occurs either directly or indirectly

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4
Q

Battery Elements

A
  1. Intent - specific or general (substantial certainty)
    AND
  2. Contact (voluntary)
    AND
  3. Contact is harmful or Offensive
    Battery = Intent to make Contact + Contact occurs + contact is harmful / offensive
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5
Q

Idiosyncratic Contact

A

Contact that is specific to that person contact - they are particularly sensitive and the defendant knows this

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6
Q

Do you have to be aware of the Battery?

A

No - batter can still occur if you don’t know

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7
Q

Does motive matter in a battery?

A

No - It’s irrelevant - except when figuring out if it’s harmful or offensive

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8
Q

Assault

A

Intentional act of causing a reasonable apprehension of immediate battery (harmful or offensive contact )
[Assault = Intent to cause apprehension + immanent battery + present ability to batter + apprehension occurs]

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9
Q

STD - Battery

A

Did you know you had an STD ? Consented to sex not the STD

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10
Q

Assault Elements

A 
1. Intent (specific or general / know to a substantial certainty)  to cause apprehension
AND
2. of Immanent
AND
3. Harmful or Offensive Contact
AND
4. The Apparent Present Ability to complete the battery 
AND
5. The Apprehension Occurs
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11
Q

False Imprisonment

A

Intent to confine another to a confined area

[FI = Intend + NO reasonable means of Escape + Confinement + Aware]

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12
Q

False Imprisonment Elements

A
  1. Intent to confine
  2. w/ No Reasonable Means of Escape
    AND
  3. Confinement must occur
  4. Victim must be Aware of the confinement
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13
Q

F.I. Modes of Confinement

A

Physical barriers—
Ship, security area, locked room
Luxury hotel large ranch can be boundaries

Use of force - 
Threat of imminent use of force 
Assertion of legal authority 
Forced to follow 
Retention of property
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14
Q

Trespass to Chattel

A

A trespass to a chattel may be committed by intentionally:

(a) dispossessing another of the chattel, or
(b) using or intermeddling with a chattel in the possession of another
* Damage must occur

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15
Q

Intentional Infliction of Severe Emotional Distress
Elements
(IISED)

A
  1. Intent (to act)
  2. Act amounting to Extreme and Outrageous Conduct
  3. Person must suffer severe emotional distress caused by the conduct
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16
Q

IISED: Lower Standard Than Outrageous

A
  1. P’s with known sensitivities OR fragile class
  2. Special relationship with Public
  3. Common Carriers
  4. Repetitive Conduct
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17
Q

Trespass to Land - Elements

A
  1. Intent - to intentionally enter
  2. Superior right of possession
  3. Physical Invasion occurred
    * Can be by person or object
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18
Q

Trespass to Chattel Elements

A
  1. Intent - to intermeddle
  2. Intermeddling occurs
  3. Protects possessory interests
  4. Damage; physical, disposition, harm to possessor or someone under his care
19
Q

Conversion - Elements

A
  1. Intent - to intermeddle
  2. Intermeddling occurs of such a serious nature that the Def has to pay full value of the chattel destroyed
  3. Protects possessory interests
    - it rights an injustice
    - like a forced sale
20
Q

Defense: Consent - 2 types

A
  1. Express / Actual (consent by words)

2. Implied (based on reasonable interpretation of P’s conduct, by custom, surrounding circumstances)

21
Q

Can Consent be received by force?

A 
Consent obtained by duress is invalid 
Force or threat of force 
P, his family 
P’s and his family’s property 
Economic force not recognized (but look for special relationship (common carrier, boss, acting teacher)
22
Q

Elements of Bystander IISED

A
  1. Intent (to be where SED occurs)
  2. Be Present + Aware of conduct
  3. Extreme + Outrageous Conduct
    4 Causal Connection between conduct + SED
  4. Suffer SED
    a) If Family Member = ED
    b) Non-family member = Physical manifestation
23
Q

Are words or mere insults enough for an Assault?

A

No mere insults not enough

24
Q

Does mental illness relieve you of the intent element for a battery ?

A

No - can still be mentally ill but form the intent to contact.

25
Q

Is intoxication an defense to battery?

A

No - intoxication is not a defense b/s you intended the contact.

26
Q

Transferred intent for battery

A

You can intend to contact one person and contact another - intent is borrowed from 1st victim.
Can intend one tort but then have another against 2nd person (intend assault but hit another person)

27
Q

Can you assault someone with another item?

“Look out for that falling ceiling tile!!”

A

Yes - IF it is defined as harmful + offensive

No - IF defined as an Immanent Battery

28
Q

Do you have to be aware of an Assault?

A

Yes and it can’t be told to you later. Has to be immanent.

29
Q

Is excluding someone from a concert, etc False Imprisonment ?

A

No

30
Q

When a police officer unlawfully extends custody is that FI?

A

Yes- unlawful extension of a lawful custody is false imprisonment

31
Q

Do you have a Duty to Release from Fi?

A

Depends on the relationship to the victim

32
Q

What is IISED?

A

Intentionally or recklessly causes severe emotional damage to another through extreme and outrageous conduct

33
Q

IISED conduct must be….what?

A

Conduct must be EXTREME & OUTRAGEOUS; conduct that goes beyond the boundaries that one is required to accept by society

34
Q

Are mere insults enough for IISED? Racial ?

A

Nope

35
Q

Define Trespass to Land

A

The intentional invasion of another’s interest

in the exclusive possession of land.

36
Q

When you don’t leave after you’ve been invited, is it trespass to land?

A

Yes - your privilege to be there has expired

37
Q

Privilege - self defense

A

Force used must be reasonable against and immanent attack or an attack

38
Q

Privilege - defense of others

A

If you can use force to defend yourself, you can use it to defend another

39
Q

Privilege - defense of property

A

Can use reasonable force NOT deadly force

40
Q

Privilege - recovery of property

A

Can use reasonable force if fresh pursuit

41
Q

Privilege - necessity

A

may commit an intentional tort against another if it’s reasonably necessary to avoid injury or damage
Public + Private

42
Q

Privilege - Authority

A

Color of Law

43
Q

Privilege - Authority

A

parents, teachers, etc to discipline kids, students

Torts 1 Del Law (3 decks)

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