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Finals Law > Intentional Torts > Flashcards

Intentional Torts Flashcards

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1
Q

What’s the Prima Facie case for Battery

A

Conduct
Intentionally
Causing
Harmful or offensive contact to another

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2
Q

What is harmful contact

A

Any physical impairment of the condition of another’s body, physical pain, or illness

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3
Q

What is offensive contact

A

Contact that offends reasonable sense of personal dignity

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4
Q

Is emotional stress transferable between assault and battery

A

No

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5
Q

What is definition of intent

A

Desire to cause the consequences of the act or belief/knowledge that consequences are substantially certain to result from it

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6
Q

Are intentional torts objective or subjective

A

subjective. we need to know what defendant was thinking

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7
Q

Single Intent

A

Intent to contact

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8
Q

Dual Intent

A

Desire to cause harmful or offensive contact

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9
Q

Which intentional torts does dual intent apply to

A

Only Battery, the rest have regular intent

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10
Q

Mere words problem

A

mere words don’t constitute assault. They do not convey defendant’s immediate purpose to harm

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11
Q

Prima Facie case for Assault

A

Conduct
Intentionally
Causing
The plaintiff to reasonably apprehend and imminent harmful or offensive contact with his or her person

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12
Q

How can threats be assault

A

If they are conditional and the threat is immediate

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13
Q

List the 7 Intentional Torts

A 
Battery
Assault
IIED
False Imprisonment
Trespass to Goods
Trespass to Land
Conversion
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14
Q

The 3 Shopkeeper Reasonablenesses

A

Suspicion
Time
Manner

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15
Q

Prima Facie case for Intentional Infliction of Emotional Distress

A

Extreme or outrageous conduct
Intentionally or recklessly
Causing
Severe emotional distress

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16
Q

Severe emotional distress in IIED needs

A

to have a material manifestation

17
Q

Prima facie case for trespass to land

A

Conduct
Intentionally
Causing
Unauthorized entry onto land in the possession of another

18
Q

Why is intent for trespass to land easy

A

Because one intends to be where they are accidentally or not

19
Q

Prima facie case foe False Imprisonment

A

Conduct
Intentionally
Causing
The unlawful confinement of another against his or her will

20
Q

Prima facie case for trespass to goods

A

Conduct
Intentionally
Intermeddling
WIth goods of another causing actual harm

21
Q

Actual harm requirement for trespass to goods

A

Exactly. Harm has to take place. Taking with no harm and putting back is not trespass to goods

22
Q

Prima facie case for conversion

A

Conduct
Intentionally
Causing
Another to be deprived of dominion over his or her chattel/good

23
Q

Intent for conversion

A

To exercise control over goods or that control is substantially certain to result acting as it is your own thing

24
Q

Damages for trespass to goods

A

Repair

Ex: a scraped watch

25
Q

Damages for conversion

A

Damage is the full cost of the goods

Ex: Forced sale of property and tortfeasor pay full price

26
Q

6 Conversion Factors

A
  1. Extent and duration of the actors exercise of dominion or control
  2. The extent and duration of the interference
  3. Actor’s intent to assert a right in fact inconsistent with the other’s right of control
  4. The actors good faith
  5. The harm done to the chattel
  6. The inconvenience and expense caused to the other
27
Q

What is extreme or outrageous conduct

A

Know it when you see it. Hard to articulate, but high standard

28
Q

False Imprisonment 2nd Restatement 3 things needed

A
  1. He acts intending to confine the other or a third person within boundaries
  2. His act directly or indirectly results in such a confinement of another and
  3. The other is conscious of confinement or is harmed by it
29
Q

Self Defense

A

One may use reasonable force where one reasonably believes that such force is necessary to protect oneself from imminent harm.

30
Q

IIED Recklessness Definition

A

conscious disregard for a high degree of risk

31
Q

Defense of Others

A

In general, the privilege is the same as that of self-defense. The intervening actor is privileged to the same extent that the one threated by the third person would be privileged to defend himself.

32
Q

Defense of Others jurisdictional split

A

Some jurisdictions say there must be knowledge of valid threat. Privilege doesn’t apply if you are wrong.
Movie Set Example

33
Q

Necessity Privilege

A

No language, analysis of whole situation. Only applies to property. Private is a partial privilege, public is whole.

34
Q

List of Privileges

A 
Consent
Defense of self
Defense of others
Defense/recovery of property
Necessity (Private/Public)
Justification
35
Q

General Level 1 Duty

A

We say there is a general duty of care to others

36
Q

Exceptions Level 2 Duty

A 
Nonfeasance (no duty to rescue)
Unborn children*
Emotional Harm
Economic Harm
Owners and Occupiers

Finals Law (3 decks)

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