Chapter 7 Tort Law Flashcards
What are the three sections of Torts?
- Intentional Torts
- Negligence
- Strict liability
Intentional Tort
The tortfeasor (defendant) and the person possibly liable for harm (plaintiff) acts with intent to cause harm or with substantial certainty that injury will occur.
Intentional torts are divided into torts that harm
-Our physical body or reputation
- our property
- our business interest or abuse the legal process
Assault
An intentional act creating a reasonable apprehension of immediate ( a threat to put someone in fear) harmful or offensive physical contact.
With assault there is no touching or physical contact. Think of someone raising their fist towards you, and in response, you cower away in fear.
Battery
An intentional act that creates harmful or offensive physical contact.
Contact for battery does not have to be painful, but it has to be harmful or offensive.
Courts use the objective standard test to determine whether contact was offensive or harmful.
Objective standard test for battery
We do not care what was in the mind or hearts of the victims themselves, what we ask is would a hypothetical person find this harmful or offensive?
The thin skull rule
Whatever the damages the plaintiff suffers because of a special condition (thin skull) are recoverable by the defendant
Defenses to assault and battery
- Consent must be voluntary and you only consent to the things you consent to. You cannot go above and beyond the scope of what you consented to.
- Self-defense Must reasonably believe that the threat exists. Can only use enough force to stop
Can be “wrong” - Defense of others must be reasonable and can only use enough force to stop. You cannot be wrong about your perception of the threat.
- Defense of property you cannot use lethal force. You can defend your property but you cannot use lethal force.
