Chapter Three Flashcards
What must a tortfeasor intend in order to be held liable for an intentional tort?
The tortfeasor must intend or have a desire to bring about a particular consequence. The tortfeasor need not desire or plan to harm a person, but the person must be aware that certain consequences are substantially certain to result from his or her acts.
What is the transferred-intent doctrine?
The defendant’s intent toward one person is transferred to the person who is actually injured as a result of the defendant’s conduct.
What is a battery?
It is defined as the intentional infliction of a harmful or offensive contact upon a person.
How does a battery differ from an assault?
Unlike battery, a plaintiff alleging assault must be aware of the threatened contact.
How does the tort of false imprisonment arise in law enforcement and in shoplifting cases?
A valid defense to the allegation of false imprisonment is the police officer’s assertion of the legal right to make an arrest.
Why is it so difficult to hold a defendant liable for the infliction of emotional distress?
A plaintiff must prove that he or she actually suffered severe emotional distress and must, at the very least, have sought medical attention.
What are some of the ways a tortfeasor can commit trespass?
A person who enters or wrongfully remains on another’s land has committed the tort of trespass to land.
What is the difference between trespass to chattels and conversion, and what does a court consider when distinguishing between these two torts?
If the defendant’s interference with the plaintiff’s property is so substantial that justice demands that the defendant pay the plaintiff the full value of the property, the defendant has committed the tort of conversion. Trespass to chattels is committed by the intentional interference with the plaintiff’s use or possession of chattel (personal property).
What must be shown to prove that a plaintiff consented?
The question is whether a reasonable person in the defendant’s shoes would have believed that the plaintiff has consented to an invasion of his or her interest. Consent is not a defense if the plaintiff is incapable of or incompetent to give consent.
When is a defendant justified in using force to defend his or her property?
A property owner may use only that degree of force that is reasonably necessary to protect the property
Under what conditions might a defendant not be justified in defending a third person?
If it turns out that the person being rescued is not privileged to act in self-defense, the intervener is precluded from claiming such a privilege.
Why are homeowners not allowed to use spring guns to defend their homes?
As a general rule, property owners are entitled to use such a device only if they could use a similar degree of force if they themselves were present when the intruder entered.
Under what conditions can a property owner use force to regain possession of chattels?
To claim this defense, the owner must first show that he or she used reasonable force in securing the chattels.
Can a landlord use force to evict a holdover tenant?
The majority of American courts do not permit the use of force by landlords.
What are the differences between public and private necessity?
The only reason for distinguishing between these two kinds of necessities is that the defendant does not have to pay for damages caused in cases of public necessity but is required to do so in cases involving private necessity.
