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Bar Torts > intentional torts to person/ property > Flashcards

intentional torts to person/ property Flashcards

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1
Q

battery

A

1) harmful OR offensive contact
2) with plaintiff’s person

always remember intent and volitional act

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2
Q

what is offensive contact?

A

unpermitted contact for reasonable person

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3
Q

what constitutes P’s person?

A

includes anything connected to P’s person

- construe P’s person very liberal

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4
Q

Assault

A

1) reasonable apprehension of
2) imminent harmful or offensive contact

  • Do not confuse apprehension with fear or intimidation
    (ex: the giant P and tiny D, still assault)
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5
Q

Are words enough for assault

A

NO, words alone are not enough. Need words plus conduct.

BUT words can also undo conduct
ie: i would hit you if you werent my brother

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6
Q

If there is both battery and assault which one wins?

A

battery

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7
Q

False imprisonment

A

1) sufficient act of restraint

2) bounded area

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8
Q

Sufficient act of restraint for false imprisonment

A

1) threats are enough
2) inaction is enough if understanding that D would do something
3) time period can be very short

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9
Q

Does P need to know they are being confined for false imprisonment

A

YES, unless they are actually harmed

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10
Q

Shoplifting privilege

A

1) reasonable belief as to thief
2) reasonable manner of detention (no deadly force)
3) reasonable time of detention

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11
Q

Bounded area:

A

P’s freedom of movement in ALL directions, mere inconvenience is not enough

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12
Q

When is the P not in bounded area for false imprisonment?

A

1) when there is a REASONABLE means of escape AND

2) P knows of it

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13
Q

Intentional Infliction of Emotional Distress (high exam question)

A

intent or recklessness

1) extreme and outrageous conduct
2) damages

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14
Q

what is extreme for IIED?

A

conduct must be so extreme. must be above and beyond mere insults

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15
Q

When normally non-outrageous conduct becomes outrageous for IIED?

A

1) conduct is continuous (remains the same but is continuous

2) the type of P
(a) young kid
(b) old fart
(c) pregnant woman
(d) adults with supersentsitivties D knows of

3) type of D
(a) common carriers
(b) innkeepers

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16
Q

What about common carries and innkeepers for IIED?

A

must be a passenger or guest for normally non-outrageous conduct becomes outrageous

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17
Q

Damages for IIED (are they required)

A

YES. physical injury is not required for IIED, but clear proof of substantial emotional distress is.

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18
Q

Trespass to land

A

always remember intent and voluntary act

1) act of PHYSICAL invasion by D
2) on P’s land

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19
Q

Act of physical invasion by D (for trespass to land)

A

Does not require that D personally go on land.

- just need some PHYSICAL object to go on land

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20
Q

of P’s land (for trespass to land)

A

includes not only surface but also, A REASONABLE distance, the space going up and down from surface

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21
Q

Difference between trespass to chattels and coversion

A

chattels: some damage, either takes for reasonable time. Can get damage amount
conversion: destroyed, taken for long period. Get paid in full market value of property

22
Q

Defenses

A

1) Consent
2) Self Defense
3) Defense of others
4) defense of property
5) necessity

23
Q

Consent (3 step analyze)

A

1) determine if capacity to consent
2) if express or implied
3) determine if D stayed w/i boundaries of any consent given.

24
Q

Express consent:

A

words were used. Look for

1) Mistake
2) Fraud
3) Coercion
- if sufficient, these facts undo express consent

25
Q

Implied consent

A

1) custom or usage (rules of game

2) P’s conduct

26
Q

Steps for defense (self defense, defense of others, defense of property)

A

1) timing requirement
- Tort must now be occurring or just about to occur
- if already occurred, no defense

2) Reasonable belief
3) reasonable force

27
Q

What needs to be required for reasonable belief for defense

A

only need a REASONABLE BELIEF that a tort is being committed. do not have to actually have tort comitted.

28
Q

Is there a duty to retreat before self defense

A

NO, no in IL as well.

29
Q

What is proper force for self defense?

A

may use REASONABLE force (including deadly force is need).

30
Q

What is proper force for defense of property

A

may use REASONABLE force BUT never deadly force just to protect property

31
Q

necessity

A

ONLY APPLIES TO PROPERTY

32
Q

public necessity

A

absolute unlimited privilege and no liability

33
Q

private necessity

A

limited privilege and the D liable for actual damage caused. Necessity prevails over defense of property

34
Q

what is the price for conversion

A

fair market value AT THE TIME OF THE CONVERSION

35
Q

for IIED do you need PHYSICAL DAMAGES

A

NO!

- just emotional distress

36
Q

for negligent infliction of emotional distress are physical damages needed

A

YES

x/c: negligent handling

37
Q

Can the owner of chattel use force to get it back when they lawfully lent it to someone else?

A

No. W/e another’s possession of the O’s chattel began lawfully, the O may ONLY use PEACEFUL MEANS to recover the chattel.

  • Force may be used to recapture a chattel only when it is in “hot pursuit” of one who has obtained possession wrongfully
38
Q

Trespass to land: whom can bring a claim for trespass of land

A

trespass is interference of right of possession

  • BROUGHT BY ANYONE IN ACTUAL OR CONSTRUCTIVE possession
  • even possession w/o title or legal right
39
Q

can a person who does not have possession of title or legal right still bring a trespass claim against someone

A

YES

  • can be brought by anyone in actual or constructive possession
  • even w/o title or legal right
40
Q

implied consent by law for trespass defense

A

in emergency where person cannot consent, consent given by law

41
Q

what is the replacement cost for conversion

A

fair market value of chattel at TIME OF CONVERSION

42
Q

landlord duty off premises

A

GR: landlord owes NO DUTY to off premises natural conditions, but maybe liable for damages caused by unreasonable dangerous artificial conditions or structures abutting adjacent land

43
Q

x/c where landlord owes no duty to off premises

A

GR: landlord owes NO DUTY to off premises NATURAL conditions, but maybe liable for damages caused by

  • UNREASONABLE dangerous ARTIFICIAL conditions or structures abutting adjacent land
44
Q

intent element for conversion

A

For conversion, the only intent required is the intent to perform the act that interferes with the P’s right of possession.

  • Thus wholly innocent, liability may attach where the interference is serious in nature.
  • even a BFP of chattel may become a converter if the chattel had been stolen from the true owner
45
Q

conversion elements

A

1) an act by the D interfering with P’s right of possession in the chattel
2) intent to perform the act bringing the interference with P’s right of possession
3) causation
4) Damages- interference that is serious enough in nature or consequence to warrant that the D pay the full value of the chattel

46
Q

is intent to trespass required for conversion

A

NO, intent to do the act of interference with the chattel is sufficient for liability.

  • guilty of conversion when intentionally (volitionally) took
  • DOES NOT require person to loe or even realize that taken property of another
47
Q

for conversion intent is it DEFENSE to think the item is yours

A

NO. only intent is the intent to do the act of interference with the chattel is sufficient for liability

  • only need INTENT to take the chattel
  • Does not require person to lose or even realize that taken property of another, can be complete accident
48
Q

private necessity damages:

A

must still pay all damages from entering property. INCLUDING injuries done to O or O of the land.
- includes ALL DAMAGES, not just damages of property

49
Q

can trespass to land exist when D remains on P’s land after an otherwise lawful right of entry has lapsed

A

YES

50
Q

prima facie case for false imprisonment

A

1) an act or omission to act by D that confines or restrains the P to a bounded area
2) intent on part of the D to confine or restrain the P and
3) causation

51
Q

consent implied by law

A

where the action is necessary to protect an import interest or property

52
Q

for defense of self defense what must it be?

A

One may act in self-defense not only where there is real danger but also where there is a REASONABLE appearance of danger.

  • Must have acted as reasonable person would have acted similarly under the circumstances

Bar Torts (7 decks)

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