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MBE/Calbar - Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

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1
Q

What are the elements of every intentional tort?

A

Every intentional tort needs: -Voluntary Act (desired consequences, purpose, knew with substantial certainty) -Intent -and/or Transferred intent -Actual Causation (legal “but for” cause or substantial factor in injury)

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2
Q

What is the mnemonic for Intentional Torts?

A

BAFIT TC

Battery

Assault

False Imprisonment

Trespass to land

Trespass to chattels

Conversion

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3
Q

What is are the elements of a battery?

A

Battery:

Voluntarily act to

bring about harmful or offensive contact with Π’s person;

with intent;

and causation.

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4
Q

Intentional Torts

What are the elements of Assault?

A

Intentional Torts

  • Assault: Δ voluntarily acted to create Π’s reasonable apprehension/fear of imminent battery, Δ intended such apprehension, and ; Δ caused such apprehension/fear.
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5
Q

Intentional Torts

What are the elements of False Imprisonment (FI)?

A

Intentional Torts

False Imprisonment: Act or omission that confines/restrains P to bounded area (no reas means of escape), Δ intended such confinement, and such confinement occurred.

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6
Q

Intentional Torts

What are the elements of Intentional Infliction of Emotional Distress (IIED)?

A

Intentional Torts

  • IIED: ∆’s act was extreme and outrageous conduct,
  • D intended P suffer severe emotional distress or reckless as to the effect of conduct,
  • caused such distress,
  • and DAMAGES (i.e. resulted in severe emotional distress).
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7
Q

Intentional Torts

What are the elements of Trespass to Land?

A

Intentional Torts

  • Trespass to Land:
  • act of physical invasion to RP,
  • intent to bring about that invasion,
  • and actually caused an invasion to RP (if doesn’t meet elements think nuisance which is not a intentional tort).
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8
Q

Intentional Torts

What are the elements of Trespass to Chattels?

A

Intentional Torts

  • Trespass to Chattels:
  • D act interferes with Ps right of possession (dispossess or intermeddle) in chattel,
  • with intent,
  • causation,
  • and actual damages (loss of possession by dispossession is enough)
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9
Q

Intentional Torts

What are the elements of Conversion (C)?

A

Intentional Torts

  • Conversion: D’s act interferes with P’s RoP is so serious that
  • D must pay full FMV of chattel at time of conversion,
  • with intent,
  • and causation.
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10
Q

Defenses to Intentional Torts

Name the defenses to intentional torts?

C.O.P.S. Reenter R.A.N.Dis (donuts)

A

Defenses to Intentional Torts

C.O.P.S. Reenter R.A.N.Dis (donuts)

Consent

Others (defense of)

Property (defense of)

Self defense

Reentry

Recapture of chattels

Arrest (privilege)

Necessity

Discipline

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11
Q

Defenses to Intentional Torts

What are the elements of express consent?

A

Defenses to Intentional Torts

  1. Consent (Express):: If Π had capacity + express willingness + w/in scope, then Consent to Δ’s act is effective.
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12
Q

Defenses to Intentional Torts

What are the elements of Apparent Implied Consent?

A

Defenses to Intentional Torts

  • Apparent Implied Consent-RP would infer from P’s conduct (sports).
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13
Q

Defenses to Intentional Torts

What is Inferred Consent?

A

Defenses to Intentional Torts

  • Inferred Consent- Consent inferred from Custom or Usage (bumping on bus, etc.).
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14
Q

Defenses to Intentional Torts

(O)

Define the defense of Others?

A

Defenses to Intentional Torts

(O)

  1. Defense of Others: If the Actor has a reasonable belief that the person aided has rt Self Defense, then he may defend other person.
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15
Q

Defenses to Intentional Torts

(P)

When can a person use the defense of Property?

A

Defenses to Intentional Torts

(P)

  1. Defense of Property: D may use reasonable force to prevent (not after unless hot pursuit) a tort against property but must make a demand to stop unless unreasonable or futile. Trumped by Reentry and Recapture of Chattel.
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16
Q

Defenses to Intentional Torts

(S)

When can a person use Self Defense?

A

Defenses to Intentional Torts

(S)

  1. Self Defense: If D has _reasonable grounds to bel_ieve he is under imminent attack, may respond with reasonable proportionate force necessary to prevent/stop harm (maj. No retreat nec unless deadly for being used outside of home).
17
Q

Defenses to Intentional Torts

(Reenter)

When can a person use the defense of Reentry?

A

Defenses to Intentional Torts

(Reenter)

  1. Reentry: CL vs Modern.
    • CL: If landowner dispossessed by fraud or force, then may promptly use reasonable force to regain possession (but not against tenants).
    • ML: No privilege and must resort to court summary procedures.
18
Q

Defenses to Intentional Torts

(R)

When can a person Recapture Chattels?

A

Defenses to Intentional Torts

(R)

  1. Recapture of Chattels (same as defense of real prop): D may use reasonable force to prevent (must be before unless hot pursuit) a tort against chattel but must make a demand to stop unless unreasonable or futile.
  2. Chattel in the hand of innocent party cuts off privilege unless on land of innocent party.
  3. If on land of innocent party must give notice then use peaceful means.
19
Q

Defenses to Intentional Torts

(A)

When can a person use the privilege of Arrest?

A

Defenses to Intentional Torts

(A)

  1. Privilege of Arrest: A privilege of arrest (incl. enter on land) may be allowed if:
    • Officer believes felony committed,
    • A citizen believes a felony actually committed,
    • Or anyone sees a misdemeanor breach of peace is committed in his presence.
    • If there’s a mistaken arrest, then may be liable for False Imprisonment.
20
Q

Defenses to Intentional Torts

(N)

When is defense of Public Necessity allowed?

A

Defenses to Intentional Torts

(N)

  • Public Necessity: Δ may act to protect the public from severe harm and is an absolute defense.
21
Q

Defenses to Intentional Torts

(N)

When is defense of Private Necessity allowed?

A

Defenses to Intentional Torts

(N)

  • Private Necessity: Δ may act to protect limited interests if the harm is substantially greater than the invasion to avert the harm. Δ and Π liable for any harm caused by exercising privilege or preventing Δ’s act.
22
Q

Defenses to Intentional Torts

COPS Reenter R.A.N.Dis (donuts)

When is the defense of discipline allowed?

A

Defenses to Intentional Torts

COPS Reenter R.A.N.Dis (donuts)

  1. Discipline: a parent or teacher may use reasonable force to discipline children accounting for age, sex, and seriousness of behavior.
23
Q

IIED

When may bystanders recover under IIED?

A

IIED

When may bystanders recover under IIED?

Bystanders must be 1) present and witness,2) D’s intentional or reckless harm to 3rd party, 3) D must know they are present, and 4) bystander must suffer extreme emotional distress as a result.

24
Q

Explain Intentional Tort Damages and J&S liability

A

Intentional Tort Damages and J&S liability—says that the intentional tortfeasor is 100% liable so any other J&S defendant is entitled to 100% indemnity from the intentional torfeasor.

MBE/Calbar - Torts (11 decks)

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