Chapter 7 Flashcards
What are torts?
Civil wrongs that court can award money damages for
How are torts organized?
Intentional, Unintentional and Negligence
What are the elements of a tort?
Act, Intent and Damages
What is an act of conscious volition?
This means the defendant was conscious when he/she committed a tort?
What are 2 examples of not an act of conscious volition?
Sleep walking and Heart Attack
What is intent?
This means that you understand the effect of your actions and you meant to do it
Who cannot have intent?
Mentally Ill and Little Kids
What constitutes as damages?
Injuries to a person or property
What is a assault?
Fear of unwanted bodily contact or the act of intending to cause fear or harm.
What are the torts against people?
Assault, Battery, Infliction of Emotional Distress, and False Imprisonment
What is battery?
Unwanted Bodily Contact
What is intentional infliction of emotional distress?
Extreme and Outrageous Conduct
What is False Imprisonment?
Confining someone to a bounded area
Why is False Imprisonment paired with Shoplifting?
Shop owners usually detain accused persons in a room for questioning
What tort against a person must have proof of actual damages?
Intentional Infliction of Emotional Distress
What is “actual damage”?
They require receipts like doctor’s bills
What are the types of real property?
Land and fixtures
What’s a fixture?
If it is removed, then it leaves a whole because you can’t take fixtures with you
How does personal property turn into real property?
Something starts off as personal property then gets installed into a house and then becomes real property
What is personal property?
Anything you own that is not a land or fixture
What are 3 torts against property?
Trespass to Chattels, Trespass to Land, Conversion
What is a trespass to chattels?
This is damaging another’s personal property
What is a trespass to land?
This is purposefully putting one’s foot down on another’s land? This could be an accident
What is conversion?
Damaging another person’s property so badly you have to pay the plaintiff the entire value of property
What is the relationship between theft and conversion?
If you lose something someone owns or can’t give it back to them because it’s so damaged, it could be considered theft.
What torts against property require actual damages?
Trespass to Land and Trespass to Chattels
What is meant by a defense to a tort?
The defendant might have a reason for his or her actions that excuses for an liability
What are the five types of defense?
Consent, Self-Defense, Defense of Property, Necessity Public and Necessity Private
What is consent?
The plaintiff agrees to the tort like a foot ball contract
What is self-defense?
The defendant may have committed this to protect themselves?
What is Defense of Property?
Protecting his or her land like pulling a gun
What is Necessity Public?
The defendant did this to protect his self or property
What is Necessity Private?
There is no damage to the property
what is an egg shell plaintiff?
A person that is overly scared or more susceptible to injury than the average person.
what are unintentional torts?
Torts that occur when the person’s actions are unreasonable unsafe
what are intentional torts?
The person knew or should have known that something bad would occur through their actions or inactions
what are quasi-intentional tort?
it involves speech defamation, which could be written or libel and oral or slander.
what is the most important thing about assault?
it has to be unpermitted or unwanted and the person knew this but continued anyways.
