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Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

What are the consequentialist aims of tort law?

A

1) incentivize optimal level of care with CBA 2) society focused, forward looking 3) ex ante

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2
Q

Tort law is mostly about — not —

A

Compensation not punishment

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3
Q

What are the four basic prima facie elements of a torts

A

Duty, breach, causation, damages

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4
Q

Tort law is the law that governs —

A

Private wrongs when no agreements (K)

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5
Q

Tort law is trying to avoid —-

A

Too much interference in our private relationships

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6
Q

What are the aims of a corrective Justice view of tort law

A

1) Rectifying moral wrongs between parties by making wrongdoer compensate the wronged 2) Focused on parties at hand, backwards looking 3) ex post 4) signaling function

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7
Q

Consequentialism and corrective Justice are not — but sometimes —

A

Mutually exclusive, lead to different outcomes

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8
Q

What are the basic elements of an intentional tort

A

Intentional action (duty, breach), causation, damages

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9
Q

What are consequentialist theories behind intentional torts

A

Deter harmful conduct by making it costly especially since optimal level of it is zero, greater cost to P than D

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10
Q

What is the corrective Justice theory behind intentional torts

A

D did moral wrong so must make P whole by compensating

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11
Q

Intent can be satisfied with

A

Purpose OR substantial certainty

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12
Q

Battery is ..

A

1) an act 2) intending (purpose or certainty) to cause contact or apprehension 3) and causing harmful or offensive physical contact with a person or third person 4) that is unjustified and unconsensual

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13
Q

Why does battery tort include third person

A

Transferred intent

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14
Q

Intending the — but no intending the — is not battery

A

action, action to cause harmful or offensive contact

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15
Q

Is throwing a ball when playing catch and hitting someone’s face battery.

A

NO

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16
Q

Transferred intent applies to

A

All torts

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17
Q

— damages apply to all torts

A

Eggshell skull

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18
Q

Substantial certainty applies to —-

A

All torts

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19
Q

Intent is inferred from —- not —

A

Actions not state of mind

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20
Q

Eggshell skull rule holds that D is liable for —

A

All damages resulting from intended harmful contact whether foreseeable or not

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21
Q

How did the contest matter for intent in Vosburg

A

Playground kick vs classroom

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22
Q

Substantial certainty shows you can commit a battery without

A

Physical touch

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23
Q

Garage: even if no purpose if he had —- that P —, he would be liable

A

known with substantial certainty, would attempt to sit down on the chair after he kicked it

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24
Q

Single intent shows that liability stems from — not a —

A

Intent to make harmful contact, guilty mind

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25
Q

What is policy behind single intent

A

Tort law meant to be about compensation

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26
Q

Single intent means that ..

A

Intended act + intended contact + contact that is harmful or offensive satisfies tort

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27
Q

What was the damages wrinkle in Wagner case

A

She didn’t get compensate from single intent because state in custody of person and had immunity from battery damages

28
Q

What are the pros to an insanity defense for battery

A

Not clear that you are deterring anything, may lead to over deterrence from their guardians, liability should follow fault and here there is one

29
Q

What is a con to the insanity defense for battery

A

Sometimes no one at fault but should damages should go with person less at fault

30
Q

What is offensive battery

A

Contact causing emotional or dignitary harm

31
Q

Fisher held that can be battery even without

A

assault or physical contact with the body

32
Q

There can be battery without physical contact to the body as long as there is ..

A

Contact with something attached to the body and practically identified

33
Q

What are examples of items that contact with could constitute battery

A

Book, clothing, cane, plate

34
Q

For offensive battery, the offense

A

May but doesn’t have to be related to the contact

35
Q

What is policy behind offensive battery

A

Sphere of body extends beyond body but need to draw the line somewhere

36
Q

Assault definition

A

Emotional harm by causing reasonable apprehension of physical harm

37
Q

Elements of assault

A

Act intending and caused the P or third party to have the apprehension of immediate non consensual contact that if carried through would constitute battery

38
Q

For assault — is the harm

A

Apprehension itself

39
Q

A mere threat is ..

A

Not assault

40
Q

When apprehension itself is the harm, damages may ..

A

Be only nominal

41
Q

With assault and battery, you are liable for the ..

A

One you caused, not necessarily the one you intended

42
Q

What is the policy behind assault

A

Don’t want people always feeling like they are about to be battered even if it doesn’t happen

43
Q

If you caused both assault and battery you are

A

Liable for both

44
Q

Apprehension is not the same thing as ..

A

Fear

45
Q

For apprehension, you don’t have to think that the contact ..

A

Will be effective just that it will happen (gym bro vs small guy)

46
Q

A sneak attack may be — but not —

A

Battery, assault

47
Q

A third party put in apprehension by D and P’s sick joke only recovers if

A

She thinks she herself is in danger not P or D

48
Q

Words alone are — need —

A

Not assault, immediacy and apparent ability to act

49
Q

Policy behind words alone not assault

A

Free speech, not interfering too much in private lives

50
Q

A conditional threat is not assault unless …

A

Unlawful condition, capacity for physical violence and immediate

51
Q

Is “I would stab you if police weren’t around assault

A

No

52
Q

Is “I will stab you if you don’t give the money while pointing to knife assault

A

Likely yes

53
Q

First element of false imprisonment

A

He acts intending to confine the other or a third person in boundaries fixed by the actor

54
Q

Second element of false imprisonment

A

His act directly or indirectly results in such a confinement of the other

55
Q

Third element of false imprisonment

A

Other is conscious of the confinement OR harmed by it

56
Q

Full elements of false imprisonment

A

Actor acts intending to confine the other or a third person in boundaries fixed by the actor that directly or indirectly results in such a confinement of the other and the other is conscious of the confinement or harmed by it

57
Q

Confinement fixed by the actor must be

A

Complete

58
Q

False imprisonment does not require ..

A

Physical force

59
Q

Confinement is complete unless…

A

Reasonable means of escape AND other knows of it

60
Q

If a route of escape… it is not reasonable

A

Risks possible harm to your person, property or dignity

61
Q

If only escape route involves jumping in a pile of manure that won’t injur you is. That reasonable

A

No, dignitary harm

62
Q

M serves B with fake court order he thinks is real saying he can’t leave NYC False imprisonment?

A

Yes, can escape reasonably but doesn’t know, large area doesn’t matter

63
Q

Confinement is not limited by ..

A

Area size

64
Q

M puts N on no fly list intentionally and knows incorrect. If she tries to fly and stopped is it false imprisonment

A

Yes, harmed by it even if didn’t know at time she was confined

65
Q

M puts N on no fly list intentionally and knows incorrect. If she doesn’t try to fly and is removed before knowing is it false imprisonment

A

No , must be conscious of or harmed WHILE confinement happening

66
Q

False imprisonment requires a … harm

A

Emotional/dignitary

Torts (13 decks)

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