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Torts > Intentional Torts 2 > Flashcards

Intentional Torts 2 Flashcards

1
Q

IIED is a tort for

A

Emotional injury only

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2
Q

IIED happens when one who ..

A

By extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another

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3
Q

First IIED case

A

Bad joke husband horribly injured but he was not

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4
Q

First element of of recklessness for IIED

A

Knows risk of harm from conduct OR knows facts that make risk obvious to another in the same situation

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5
Q

Second element of of recklessness for IIED

A

Precaution to reduce risk so slight compared to magnitude of the risk that it makes failure to take precaution evidence of indifference to the risk

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6
Q

Recklessness elements for IIED

A

Knows risk of harm from conduct or knows facts that make risk obvious to another person in the same situation AND Precaution to reduce risk so slight compared to magnitude of the risk that it makes failure to take precaution evidence of indifference to the risk

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7
Q

Recklessness is between … and weaker than …

A

Intention and negligence, substantial certainty

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8
Q

B blood trauma and M knows this, leaves hunting mess while takes walk knowing B will be home soon IIED

A

Likely, knew or knew facts and precaution so slight, also depends on if extreme and outrageous

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9
Q

B blood trauma and M doesn’t know this, leaves hunting mess while takes walk knowing B will be home soon, hunting town where this is common IIED

A

Probably not, town not think extreme also M didn’t know even if precaution slight

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10
Q

IIED can arise from knowledge of … but …

A

Unique sensitivities, proceeding anyways

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11
Q

IIED requires more than … feelings

A

Insulting or hurting

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12
Q

Outrageous and extreme is an — standard

A

Objective (what community member might think)

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13
Q

Conduct is extreme and outrageous if it …

A

Goes beyond all possible bounds of decency and is utterly intolerable in a civilized community

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14
Q

GTE Southwest held that ongoing extreme behavior from boss can be IIED if — is outrageous even if…

A

Pattern of behavior, each individual incidence is not

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15
Q

IIED presents a — for P

A

High bar of evidence

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16
Q

Jones held that not enough evidence for P that sexual harassment was outrageous because …

A

Still went to work

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17
Q

A third person can have a claim for IIED if —- OR —-

A

Affects Member of immediate family present, any other person if distress results in bodily harm

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18
Q

Trespass to land rule

A

Every unauthorized entry is a trespass and infers some damage (even if you don’t know)

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19
Q

Elements of trespass to land: one

A

Every unauthorized entry is a trespass if enter another land or cause a third thing or person to

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20
Q

Elements of trespass to land: two

A

Or remains on land when no longer welcome

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21
Q

Elements of trespass to land: three

A

OR fails to remove thing from land under duty to remove (lawnmower)

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22
Q

Act you intend for trespass to land is

A

Going onto property (doesn’t matter if didn’t know private)

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23
Q

What is harm in trespass to land

A

Entering another’s property (don’t need additional damages)

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24
Q

Would sleepwalking count as trespass to land?

A

No, must intend consequence (going on land)

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25
Q

Why is entering land itself harm for trespass to land

A

Violating will of owner (emotional harm)

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26
Q

Release hounds on area of land, know neighbors land nearby no fence Trespass?

A

Likely yes, substantial certainty

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27
Q

First element trespass to chattels

A

Interference dispossesses other of their chattel

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28
Q

Second element trespass to chattels

A

OR causes chattel to be impaired as to its condition, quality or value

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29
Q

Third element trespass to chattels

A

Deprives possessor of its use for substantial time

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30
Q

Fourth element trespass to chattels

A

Causes bodily harm to possessor or to some person or thing in which possessor has legally protected interest

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31
Q

When is it trespass to chattels?

A

Only if interference with the chattel, dispossesses owner of it, causes impairment as to condition quality or value, deprives possessor of its use for substantial time OR causes bodily harm to possessor or some person or third thing in which possessor has legally protectable interest

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32
Q

Hamidi wasn’t trespass to chattels because .. .

A

No injury to computer or servers, injury worker disruption but workers not chattel

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33
Q

Conversion is — of trespass to chattels

A

Subset

34
Q

Conversion is control of chattel where —

A

So seriously interferes with right of another to possess that actor must pay full value

35
Q

Examples of conversion

A

Theft, destruction, deprivation for entire time it was useful (wedding dress)

36
Q

Consent bears on intentional tort prima facie case by determining..

A

If conduct was unlawful

37
Q

If a person — to conduct of another even if intended to invade interests he —

A

Effectively consents, cannot recover

38
Q

Consent for torts is —-

A

Apparent

39
Q

Common law consent holding (Mohr)

A

Every unauthorized touching if not in spirit of pleasantry is battery

40
Q

Policy behind common law consent rule for battery

A

Every person right to complete immunity from physical interference of others

41
Q

What is something that could be construed as in the spirit of pleasantry for common law consent rule

A

Handshake

42
Q

Anti Mohr rule element 1

A

Conduct that injures another no liability even without consent when

43
Q

Anti Mohr rule element 2

A

An emergency makes it apparently necessary to prevent harm before can get consent

44
Q

Anti Mohr rule element 3

A

No reason to believe they would decline

45
Q

Emergency Action without consent rule

A

Conduct that injures another doesn’t create liability even when no consent if emergency makes it apparently necessary to prevent harm before they can consent and no reason to believe they would object

46
Q

—- is almost always considered an emergency

A

Surgery

47
Q

Policy behind emergency action no consent rule

A

Balancing autonomy with interest in allowing people to help each other

48
Q

In Hackbart (football), recovery only possible if ..

A

Contact one forbidden by rules of the game (if not consented by playing)

49
Q

Consent is complicated when contact not part rules of the game but ..

A

Part of customs (hockey fights)

50
Q

Consent Qs Flowchart (yes)

A

Consent? ➡️ If so ,what scope? ➡️ If implicit, how can infer?

51
Q

Consent Qs Flowchart (no)

A

Consent? ➡️ possible to obtain in timeline needed? ➡️ reason to believe they would object?

52
Q

Self defense for Courvoisier required …

A

Justification for action, mistake, whether mistake was reasonable under the circumstances

53
Q

Elements of liability to third person from self defense: 1

A

Act that protects actor from harmful or offensive contact or other invasion of interests of personality

54
Q

Elements of liability to third person from self defense: 2

A

Subjects him to liability from harm to third person for any harm unintentionally done to him only if recklessness or negligence established

55
Q

Liability to third person from self defense rule

A

Act protecting actor from harmful or offensive contact or any other invasion of his interests or personality that subjects actor to liability for any harm unintentionally done to third person only if recklessness or negligence is established

56
Q

For self defense from force not threatening death or serious bodily harm, an actor may ..

A

Use reasonable force to defend from unprivileged harmful/offensive contact which he reasonably believes another is about to inflict internationally upon him

57
Q

For self defense of a third person by force not threatening death or serious bodily harm element ONE

A

Can defend a third person under same conditions and by same means as those under which he is privileged to defend himself

58
Q

For self defense of a third person by force not threatening death or serious bodily harm element TWO

A

If he correctly or reasonably believes that the third person has a self defense privilege AND it is necessary to protect them

59
Q

For self defense of a third person by force not threatening death or serious bodily harm element

A

Can defend a third person under the same conditions and using the same means as if he were privileged to defend himself IF he correctly or reasonably believes third person has self defense privilege AND necessary to protect them

60
Q

Self defense by force threatening deadly harm element 1

A

Actor can defend with deadly force when reasonable belief that other is about to inflict intentional contact or other bodily harm

61
Q

Self defense by force threatening deadly harm element 2

A

Threat of death, serious bodily harm or ravishment can be safely prevented only by using this deadly force

62
Q

Self defense by force threatening deadly harm element 3

A

Not allowed if you believe you can avoid by retreating OR relinquishing a right other than the privilege to protect one’s dwelling

63
Q

Self defense by force threatening deadly harm elements

A

Actor can defend himself with deadly force when there is a reasonable belief that the other is about to inflict intestinal contact or other bodily harm AND threat of death, serious bodily injury or ravishment can be prevented only by using deadly force AND not able to retreat or relinquish a right other than the one to protect one’s own dwelling

64
Q

Self defense privilege requires —- force

A

Proportional

65
Q

——- sometimes excuses trespass

A

Necessity (from man made or natural scenarios)

66
Q

For necessity, you don’t have the — only to -

A

Duty to help, just duty not to untie/prevent use of property

67
Q

Necessity elements

A

Can enter or remain on someone’s land if reasonably appears necessary to prevent serious harm to the actor or his land and chattels

68
Q

For necessity, the probable —

A

advantage to P just be weighed against probable detriment to D

69
Q

When would Ploof D have had better case for untyin

A

If P had communicable disease, armed pirates, posed some threat to him

70
Q

Necessity privilege is not — and can —

A

Absolute, still be liable for damages to property you caused by use or remaining

71
Q

What is policy behind qualified necessity privilege

A

Reason for owners to respect necessity, more harm to everyone if P and D fight it out themselves at time

72
Q

Spring gun case, owner was liable because ..

A

Gave no notice, set trap to injure and catch not defend, also disproportionate force

73
Q

Notice can be —

A

A request to stop

74
Q

Element for defense of possessions from non lethal force ONE

A

Can use reasonable force if intrusion is not privileged OR other intentionally or negligently causes the actor to believe it is not privileged

75
Q

Element for defense of possessions from non lethal force TWO

A

force used to prevent was only way to prevent

76
Q

Element for defense of possessions from non lethal force THREE

A

First asked to stop and ignored OR reasonably believes request will be futile OR substantial harm will be done before request is made

77
Q

Element for defense of possessions from non lethal force

A

Can use reasonable force if intrusion is not privileged or other intentionally or negligently causes actor to believe not privileged AND force used was only way to prevent it AND first asked to stop and ignored or if reasonably believe request would be futile or substantial damage will be done before request can be made

78
Q

Defense of possession by force threatening death

A

Can only use lethal force if reasonable belief that the intruder unless expelled or excluded is likely to cause death or serious harm to the actor or a third person whom the actor is privileged to protect

79
Q

Recapture chattel rule (Gortarez)

A

Owner whose property has been wrongfully taken while in fresh pursuit can use reasonable force to recapture a chattel

80
Q

An owner using force to recapture a chattel must —

A

Be correct or liability flows from any mistake no matter how reasonable

81
Q

The force that an owner uses to recapture a chattel must

A

Be reasonable and cannot inflict death or serious bodily harm

82
Q

Arizona merchant state statute

A

Merchant may detain someone if reasonable cause, reasonable matter of detainment and for reasonable time

Torts (13 decks)

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