final pt. 2 Flashcards
Do intentional torts need to cause harm to award damages?
No, nominal damages (low $) can be awarded to discourage intentional behavior.
What are punitive damages?
Extra damages for malicious behavior, rare but possible in intentional torts.
What is transferred intent?
Intent for Battery, Assault, or False Imprisonment can transfer among the three.
Can emotional damages be added to intentional torts?
Yes, emotional damages can be added to Battery, Assault, and False Imprisonment.
What is Battery?
Intent (purpose/knowledge) to cause harmful or offensive contact.
Does joking negate Battery?
No, offensive acts as jokes or misleading actions still qualify as Battery.
What is required to prove Battery’s state of mind?
The defendant was aware their conduct would be harmful or offensive.
What is dual intent in Battery?
Intent to cause contact and intent for that contact to be harmful or offensive.
Is mental disability a defense to Battery?
No, unless one was so incapacitated they didn’t know they made contact.
Can children be liable for Battery?
Yes, if they can form the required state of mind. Age does not matter.
Are parents liable for a child’s Battery?
No, unless the child acted willfully, wantonly, or the parent acted negligently.
What qualifies as “contact” in Battery?
Contact can be indirect or through something connected to the plaintiff.
What is “failure to prevent” in Battery?
Purposefully causing harm by failing to prevent harm (e.g., switching pills).
What is transferred intent’s limit?
It can only transfer from person to person.
Does Battery require successful contact?
No, liability exists if harmful or offensive contact results indirectly.
What is the “personal standard” for Battery?
If aware of special sensitivities, acting anyway makes one liable.
Are physical injuries required for Battery damages?
No, trivial harm still entitles the plaintiff to damages.
What is Assault?
ntent to cause apprehension of imminent harmful or offensive contact.
Are words alone enough for Assault?
No, words alone are usually insufficient.
What damages are awarded for Assault?
Mental trauma and distress from the threat of imminent harm.
When does “negating” prevent Assault?
If threatening acts are negated by words, there’s no Assault.
What are the 3 elements of apprehension in Assault?
Must be imminent, the plaintiff must be aware, and there must be actual ability to follow through.
Does offering a choice of tort negate Assault liability?
No, e.g., “Give me money, or I’ll hit you” is still Assault.
What is False Imprisonment?
Confinement of another by force or threat of force in a fixed space. Awareness or harm, no reasonable escape, and confinement (even briefly).
What qualifies as a threat of force in False Imprisonment?
Physical force, size difference, withholding valuables, or false authority.
What is IIED (Intentional Infliction of Emotional Distress)?
Intentional/reckless outrageous conduct causing severe emotional distress. Acts intolerable in a civilized society, often repetitive or abusing authority.
Can IIED claims apply to third parties?
Only if the third party is immediate family or present at the time.
Privileges (Defenses to Intentional Torts)
Definition: Three defenses to intentional torts:
Justifying conduct as a response to plaintiff’s misconduct
Self-defense
Public & private necessity (based on public policy)
Self-Defense
You can commit battery in self-defense if a reasonable person believes it is necessary. The burden of proof is on the defendant.
Apparent Necessity (Self-Defense)
A belief that self-defense is necessary must be reasonable, even if mistaken.
No Need to Retreat (Self-Defense)
One can immediately defend themselves without a duty to retreat.
Deadly Force (Self-Defense)
Deadly force is only allowed when necessary to prevent death or serious bodily harm.
Trespass to Land
Intentionally entering land possessed by another, or causing a third party/object to enter the land.
Trespass includes intrusions above or below the landowner’s property.
Intent only requires the act of entering land; knowledge of trespassing is not required.
If entry onto property is accidental, there’s an obligation to leave as soon as possible.
Trespassers are liable for all damages, including nominal damages and punitive damages for deliberate or malicious acts.
Limited Invitation
Exceeding the permission granted to enter land can result in liability for trespass or nuisance.
Trespass to Chattel
Intentional interference with someone’s personal property without taking possession.
Mistakes in Conversion
Mistakes about ownership do not excuse intentional interference with property.
Defense to Conversion (False Imprisonment)
False imprisonment can be used to combat conversion if there’s apparent necessity and reasonable force.
Consent
Voluntary agreement to conduct that would otherwise be a tort. Must be communicated, voluntary, informed, and involve capacity.
Presumed Consent
Implied in emergencies (e.g., saving someone’s life) unless the person explicitly refuses.
Medical Consent
Malpractice occurs when medical procedures go beyond the scope of consent.
Substituted Consent
A loved one provides consent for medical procedures when the patient cannot.
Common Law Negligence – Identify Conduct
The conduct of both parties is evaluated, including contributory negligence where the plaintiff’s own conduct was unreasonable.
Exception – Defendant’s Duty Involves Protecting Against Known Risks
A plaintiff cannot be contributorily negligent if the defendant had a duty to create safeguards against foreseeable mistakes or risks (e.g., machinery safety features).
Exception – Rescuers
A rescuer cannot be contributorily negligent if they put themselves at risk to save someone in danger.
Exception – Children
Children cannot be contributorily negligent unless they were engaged in an adult activity.
Pure Comparative Negligence
A plaintiff’s recovery is reduced by their percentage of fault.
Example: If 45% at fault in a $100k case → Plaintiff recovers 55k.
Pure Comparative Negligence – Cross-Claims Example
Plaintiff sues for $100k (75% at fault) → Recovers 25k.
Defendant counterclaims for $10k (25% at fault) → Defendant gets 7.5k.
Plaintiff’s final recovery = 17.5k.
Modified Comparative Negligence
Plaintiff can recover only if their percentage of fault is less than the defendant’s.
Joint and Several Liability
Each defendant can be held liable for the entire amount of damages, not just their share.
Key Point: Defendants can seek contribution from others if they pay more than their fair share.
Several Liability (Proportionate Liability)
Each defendant is only liable for their specific share of damages based on fault.
Example: If found 30%, 50%, and 20% at fault, each pays only that portion.
Notice – Actual and Constructive
Actual Notice: Defendant knew of the danger.
Constructive Notice: Danger existed long enough that the defendant should have known.
Rescue Doctrine
he defendant is liable for any injuries sustained by a rescuer responding to their negligence.
Key: Does not apply to professional rescuers.
A rescuer enters the “zone of risk” created by the defendant, even if they were far away initially.
Thin Skull Rule
The defendant is liable for the plaintiff’s unforeseeable personal reaction once negligence is established.
Open and Closed Risks
If a defendant creates a risk, they are liable until the risk is resolved.
Examples:
Open Risk: Car accident obstruction → Liability lasts until cleared.
Long-term Risk: Building not following fire codes → Risk remains until corrected.
Intervening Cause
When a second act (foreseeable or not) follows the first negligence. The second person is an intervening cause, but liability still remains with the first negligent actor.
Supervening (Superseding) Cause
An unforeseeable intervening cause that relieves the first actor of liability.
Key:
Creates a new risk/result.
Criminal acts are not automatically superseding; foreseeability is key.
Plaintiff’s negligent acts are superseding only if unforeseeable.
Assumption of the Risk
Express & Implied)he plaintiff voluntarily and knowingly accepts a risk.
Types:
Express: Written/oral agreement (e.g., waiver).
Implied: Through conduct (e.g., attending a baseball game).
Limits to Assumption of Risk
Assumption of risk does not apply if:
Defendant’s conduct was grossly negligent or intentional.
The risk was unreasonable or unexpected.
Risk was not voluntarily assumed.
Primary vs. Secondary Assumption of Risk
Definition:
Primary: Risk is inherent in the activity → No liability.
Secondary: Defendant’s negligence enhanced the injury → Defendant is liable.
Rescue Doctrine
Definition:
escuer injured = Defendant (who created the need) is liable.
Limits: No liability for professional rescuers acting within their profession.
Key Rule: No general duty to rescue unless a special relationship exists or you created the risk.
Medical Duty
Doctors must follow the standard of care practiced by reasonable physicians in similar circumstances and localities.
Informed Consent
Patients must be informed of all material risks that a reasonable patient would want to know.
Strict Liability – WAM’N
Liability without fault.
Applies to:
Wild animals
Abnormally dangerous activities
Manufacturing defects
Nuisance
Nuisance
Definition: Interference with property use (no physical invasion).
Requirements:
Substantial (e.g., property devaluation).
Unreasonable (inappropriate for the area).
