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Grossman: Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

Elements

Battery

A
  1. Intent
  2. Harmful or Offensive Contact
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2
Q

Elements

Assault

A
  1. Intent
  2. Reasonable Apprehension of an IMMINENT Harmful or Offensive contact
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3
Q

Elements

Trespass to Chattel

A
  1. Intent
  2. Interference with use of another’s chattel
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4
Q

What is the remedy for Trespass to Chattel?

A

Actual damages/harm caused

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5
Q

Elements

Conversion

A
  1. Intent
  2. Substantial Interference with use another’s property
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6
Q

What is difference between Trespass to Chattel and Conversion?

A
  • trespass to chattel: you get your stuff back
  • conversion: interference was so substantial it’s gone
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7
Q

What is the remedy of Conversion?

A

Full value of property at the time of conversion

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8
Q

Elements

Trespass to Land

A
  1. Intent (consciously, intentionally walking to the land)
  2. Physical invasion of land
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9
Q

Elements

Intentional Infliction of Emotional Distress (IIED)

A
  1. Intent or Recklessness
  2. Extreme & Outrageous Conduct (beyond human decency, outrageous)
  3. Severe Emotional Distress

Public figures must show falsity and actual malice

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10
Q

Elements

IIED Bystander Rule for Close Family Member

A
  1. Close Family Member
  2. Defender knows Close Family is standing there
  3. Severe Emotional Distress
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11
Q

Elements

IIED Bystander Rule for Non-Family Member

A

Bystander must suffer PHYSICAL harm (bodily injury)

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12
Q

Elements

False Imprisonment

A
  1. Intent to put you in
  2. Confined, bounded area
  3. Plaintiff is Aware of Confinement

majority: actual damages unnecessary

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13
Q

What is the exception to False Imprisonment?

A

Shopkeeper Privilege

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14
Q

Shopkeeper Privilege

A
  1. Merchant has reasonable suspicion that someone is stealing from them
  2. Detain for a reasonable period of time in a reasonable manner
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15
Q

What are the two negligent versions of intentional torts?

A
  1. Negligent Trespass to Land
  2. Negligent Infliction of Emotional Distress
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16
Q

Negligent Trespass to Land

A
  1. Negligently enter land of another
  2. Liable for damage to land
17
Q

Negligent Infliction of Emotional DIstress

A
  1. Negligent Conduct
  2. Plaintiff was in Zone of Danger )feared for safety)
  3. Sever Emotional Distress and Physical Symptoms (minority: no physical manifestation of harm needed)
18
Q

NIED Bystander Rule

A
  1. Close Family Member
  2. Emotional Distress and Physical Symptoms

Present at the scene

19
Q

Mishandling of a Coprse

A
  1. Negligent handling of a corpse
  2. No physical harm required
20
Q

Transferred Intent

A

Defendant intents to commit a tort but commits:
1. a different tort OR
2. the same tort against a different person

21
Q

What are the list of torts in which** transferred intent ** apply?

A
  1. Assault
  2. Battery
  3. False Imprisonment
  4. Trespass to Land
  5. Trespass to Chattel
22
Q

What are the defenses to Intentional Tort

A
  1. Consent
  2. Self Defense
  3. Defense of Others
  4. Defense of Property
  5. Private Necessity
  6. Public Necessity
23
Q

Consent

A
  1. Implied or Express
  2. Cannot exceed Scope of Consent
24
Q

Self-Defense

A
  1. Reasonable belief that someone is going to hurt you
  2. Respond with same amount of force
25
Q

Defense of Others

A

Reasonable belief third party will be be attacked

26
Q

Defense of Property

A
  1. Reasonable Force
  2. reasonable belief to stop the invasion of land
  3. CANNOT use deadly force!
27
Q

Private Necessity

A
  • Necessary to trespass
  • Liable for damages to property
28
Q

Public Necessity

A
  • necessary to trespass to prevent PUBLIC harm
  • NOT liable for damages to property

Grossman: Torts (4 decks)

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