Fl Torts Essays

Question 1

Assault

Answer 1

(1) act by D (2) intent for apprehension (3) of imminent or offensive contact to his person (4) causes apprehension

Question 2

Transferred intent

Answer 2

intent to inflict battery satisfies intent requirement of assault

Question 3

Battery

Answer 3

(1) offensive or harmful contact (2) intent to bring harmful contact (3) causation

Question 4

False Imprisionment

Answer 4

(1) act of omission by D (2) that restrains P to bouned area (3) intent to confine or restrain (4) causation

Question 5

Intentional Infliction of Emotional Distress

Answer 5

FL requires (1) act by D that is extreme and outrageous (2) intent to cause emotional distress OR recklessness (3) causation (4) damages/severe emotional distress

Question 6

Self-Defense

Answer 6

justified to use force D reasonably believes necessary to defend himself or 3rd party against P’s harm

Question 7

Consent

Answer 7

express or implied. can be inferred as a matter of usage or custom or implied by law. D lable if exceeds scope of consent

Question 8

Defamation

Answer 8

(1) statement of face (2) defamatory effect (3) identifies P (4) published to 3rd person (5) compensable damages to P (6) falsity of statement (7) requisite fault by D

Question 9

Defamation Defenses

Answer 9

(1) truth (2) consent (3) privilieges

Question 10

Misrepresentation

Answer 10

Intentional OR Negligent

Question 11

Intentional Misrepresentation

Answer 11

P must establish (1) misrepresentation of a material fact (2) scieter (3) intent to induce P’s reliance on the misrepresentation (4) causation (5) justifiable reliance (6)

Question 12

Tortious Interference with Business RElationship

Answer 12

(1) valid K or business relationship between P and 3rd party (2) D had knowledge of relationship (3) interference induced breach or termination of relationship or expectancy (4) breach resulted in loss to the P

Question 13

Negligence

Answer 13

(1) Duty (2) Breach (3) Causation (4) Damages

Question 14

Duty

Answer 14

owed to all foreseeable Ps

Question 15

Duties Established by statute

Answer 15

was the statute intended to protect type of harm P suffered. If so “negligence per so”

Question 16

Duty to Business Invitees

Answer 16

P must prove (1) actual or constructive knowledge of the dangerous condition

Question 17

Constructive Knowledge

Answer 17

shown by (1) dangerous condition existed so long D should have known (2) condition occurred with regularity and therefore foreseeable

Question 18

Undiscovered Trespasser

Answer 18

(1) someone who enter w/o invite (2) presence is not detected w/24 hours (2) NO DUTY TO WARN, but must refrain from intentional misconduct

Question 19

Discovered Trespasser

Answer 19

(1) enters w/o invitation (2) was detected w/24 hours (3) DUTY TO WARN of KNOWN NON-OBVIOUS dangers