Checklist Flashcards
What are the three intentional torts that fall under injury to the body?
Assault, battery, false imprisonment
What are the two extra considerations for false imprisonment?
- if the plaintiff was aware of the confinement or actually harmed by it
- if there was a reasonable means of escape
What are the two intentional torts for injury to the emotions?
Distress associated with a tortious injury, and IIED
If emotional distress is associated with the separate tortious injury to the plaintiff’s body, how is recovery gotten?
Under the separate tort
What are the two major categories of intentional torts to property?
Real property and personal property
What are the two major intentional torts to real property?
Trespass to land and nuisance
What are the two types of nuisance?
Private and public
What are the two types of personal property torts?
Conversion and trespass to chattels
What is the extra consideration that needs to be taken for conversion and trespass to chattels?
If there’s an available remedy
What are the four different privileges and defenses to intentional torts?
- consent
- self-defense/defense of others/defense of property
- authority
- necessity
What are the two different types of consent?
Express and implied
What are the extra considerations that need to be taken when discussing consent?
DIMSFIM
- lack of capacity
- fraud
- duress
- mistake
- exceeding the scope
What are the major things to hit for defense of self and others?
- if there is a reasonable belief
- if reasonable force was used
- if the attack was imminent
- if it was unprivileged
What are the two major things to hit for defense of property?
- reasonable force
- if you’re recovering personal property you must first make a demand of return
What are the three types of authority that count as a defense to intentional torts?
- privilege to arrest
- shopkeeper’s privilege
- discipline
What are the special rule considerations for negligence?
- violation of a criminal statute
- increased knowledge or skills
- higher duty of care
- owner or occupier of land
- guest statutes
- only mental distress
If Defendant violated a criminal statute in negligence, what are the three things that have to be discussed?
- class
- type
- no excuse
If D engaged in an activity on his land and injured another, what duty is owed?
Duty of due care
If the plaintiff was a trespasser, what is the general duty owed?
No duty, unless exceptions apply
What are the two exceptions to the no duty rule for trespassers?
- Known or frequent trespassers
- Child trespassers
If the defendant is a landlord, what are the three duties that apply to him?
- duty to the tenant
- duty to a third person on the land
- duty to a third person off the land
What are the three major checklist categories of intentional torts?
- injury to the body
- injury to emotions
- injury to property
