Intent T

Question 1

What elements Will determine if P prevail against D in violent play?

Answer 1

Depends on
-Consent (expressed or implied)
-How was the game played from the beginning and if P continued to play
-did D intentionally use force beyond the scope of contact

Question 2

False imprisonment

Answer 2

Held in a confined space, is aware, with no reasonable way to escape

D need to have intended to confine P

If p wasn’t aware of confinement then need actual injury

Question 3

Shopkeepers priv.

Answer 3

-Reasonable grounds to believe stealing or committed a felony
-detention is for a reasonable time
-conducted in a reasonable manner

Question 4

Conversion

Answer 4

-Trespass to property/ interfering with p right of possession in chattel (no permission)
-intent to perform the act to bring the interference with the plaintiff right of possession
-causation (but 4 and proximate)
-Damage to property that is so substantial that it turns to act of domination/deprive of possession

Question 5

Remedy for conversion

Answer 5

P gets the fmv at the time of conversion (the full price it costs)
Once see took prop, for a length of time that deprived owner, and there was a damage to the property… even if can be repaired, d pays the fmv when he got the property not the repairs rate.

Question 6

Remedy for trespass to chattel

Answer 6

Gets value of the thing b4 trespass

Question 7

Trespass to chattel

Answer 7

Intent to access the real or personal property without permission don’t matter if didn’t know

Actually had permission when you took the thing before you messed it up.

Need to show interference and damages (owner was deprived and actual damage)

Question 8

Battery

Answer 8

Intent to cause harmful or offensive touch to persons body

Offensive- without consent or reasonable person would find it offensive

Body- literally body or anything attached

Don’t need proof of damages

Question 9

Summary Judgment

Answer 9

The person is alleging that there is no genuine dispute of material fact and the party is entitled to judgement as a matter of law

Question 10

Self defense

Answer 10

The defendant has to prove that he reasonably believed that there was a threat of harmful or physical contact … after, can use force as reasonably Nec. For protection against potential harm but defendant will be liable for force that’s beyond what was necessary

Question 11

Mpc idea of retreat

Answer 11

Retreat if can do so safely if not can use deadly force. However when in home, don’t need to retreat.

Question 12

Assault

Answer 12

Apparent, present, physical authority
To complete the the threaten battery of a tort of assault
“ must look look like about to do the act not need to look physically able to do the act”

Question 13

IIED

Answer 13

-D does a act that’s reckless or with intent that has a extreme and outrageous conduct
-causation ( d’s actions is what cause p’s distress)
- damages amounting to servere emotional distress DONT NEED TO BE PHYSICAL INJURIES

Question 14

Who can be liable for a tort?
Do they have to know that they are committing a tort?
Can it be by accident?

Answer 14

Person committing it and the person that told them to commit it

Can be liable for tort even if did it by accident

Question 15

Who is liable if two joint tortfeasors in a negligence and intentional tort action

Answer 15

Since joint tortfeasors both are lie to be sued however the neg. Actor will be excused and will be able to be indemnified by the intentional tortfeasor.

Question 16

Trespass to land

Answer 16

Physical invasion, causation, intent to physically invade property (intent to enter the land not commit a crime)

Question 17

Sensitive P and ordinary contacts of daily life

Answer 17

If p gave no indication that did not want to be touched that are part of crowded society of life. P gives consent to D as long as D touch was not offensive or harmful contact or unreasonable nor inconsistent to give rise to a claim of battery.

Ex: tapping on shoulder on bus because forgot something. Not a batt ( offensive touching)

Question 18

IIED vs NIED

Answer 18

-IIED do not require physical injuries
IIED need intent

-nied is negligence
- nied focus on zone of danger and relationships

Question 19

Force to retrieve property

Answer 19

Possessor can use nonlethal force to protect their possessory right only if force used is reasonable under the circumstances

Real prop can use deadly force

Question 20

Private nec. Vs public nec.

Answer 20

Private nec is a privilege; however, liable for damages caused to homeowner.

Public nec is an emergency with complete priv. With no liability towards damage to home owner

Question 21

Res Pisa

Answer 21

The facts strongly indicate that the plaintiff injuries resulted from d’s neglence.
Negligence attribute to the defendant because it’s the type that would happen in defendants control

Question 22

Sensitive plaintiff “thin skull doc”

Answer 22

Takes plaintiff how you find them ( more on negligence) the other sensitive p is for intentional torts and ordinary life activities

Question 23

Joint tortfeassors

Answer 23

When either one of the acts would have cause the injury

Question 24

Multiple ppl but only one did the injury just Dont know who

Answer 24

Just need to show that at least one in the group had exclusive control