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Torts FYLSE > Page 1 > Flashcards

Page 1 Flashcards

0
Q

Is there merger doctrine in intentional torts?

A

No, so you can have a battery and an assault because the plaintiff recovers for each intentional tort he can prove

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1
Q

What are intentional torts?

A

When the defendant intentionally commits a tort through a:

  1. volitional act
  2. with requisite intent
  3. that is the cause of the
  4. resulting harm suffered by the plaintiff
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2
Q

What is the prima facie case?

A

The elements a plaintiff has to prove to establish a claim by a preponderance of the evidence

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3
Q

What does “preponderance of the evidence” mean?

A

More than 50%. It must be proven that each element is more likely than not

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4
Q

What are the prima facie case elements of intentional torts?

A
  • voluntary act
  • intent
  • causation
  • harm/injury
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5
Q

What is a voluntary act for an intentional tort?

A

An act that is conscious or willed

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6
Q

Is a reflex voluntary?

A

No, because it is not conscious or willed

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7
Q

What is the intent for intentional torts?

A

Either to desire the results, or know to a substantial certainty that they will occur

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8
Q

What is the causation element for intentional torts?

A

There must be a causal connection between the defendant’s conduct and the plaintiff’s injury, including extenuating consequences

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9
Q

What is the harm or injury for an intentional tort?

A

Damages

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10
Q

What is summary judgment?

A

When there are no material facts in dispute, the judge will rule before the jury makes a decision, and this ends the case unless the party appeals

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11
Q

What kind of standard is the substantial certainty element of intent?

A

Subjective, because it looks into the mind of the defendant

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12
Q

How can you figure out what a defendant’s desire or actual intent was?

A

Circumstantial evidence

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13
Q

What is required for the substantial certainty element of intent for intentional torts?

A

Defendant is or should be substantially certain that his acts will cause the tort

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14
Q

What is recklessness?

A

D takes a substantial or unreasonable risk that the elements of a tort will occur

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15
Q

What is an example of recklessness?

A

Driving super fast and risking a collision

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16
Q

What are the intentional torts that transferred intent applies to?

A

BAFTT

  • B: battery
  • A: assault
  • F: false imprisonment
  • T: trespass to chattels
  • T: trespass to land
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17
Q

What is transferred intent?

A

The intent to commit one tort satisfies the intent element of another tort and is transferred to the other victim

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18
Q

If you intend to hit someone, but accidentally hit someone else, what is your liability?

A

Battery, because of transferred intent

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19
Q

What is the mistake doctrine?

A

If a defendant intends to do acts that would be a tort, it is no defense if he mistakes something about the situation, even reasonably

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20
Q

What are some things that might qualify as mistakes for mistake doctrine?

A
  • mistaking the identity of a victim or property

- thinking incorrectly there was a privilege

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21
Q

If you enter onto someone’s land thinking it is your own, what are you liable for?

A

Trespass, because of mistake doctrine

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22
Q

Are insanity or infancy defenses to intentional torts?

A

No, but sometimes if the person is very impaired or very young, they do not have the intent to commit the tort

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23
Q

What is the age that is often the cut off point where children under it aren’t considered able to form intent to harm others?

A

7

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24
Q

Are parents liable for their children’s torts?

A

Usually parents aren’t vicariously liable for their kids’ torts, but they have a duty to supervise their children if they have a reason to know their child is dangerous

25
Q

If you buy your child a knife and they injure someone because they were throwing it around, can you be liable?

A

Yes, because of your improper supervision

26
Q

What are the seven intentional torts?

A

CAB FITT

  • Conversion
  • Assault
  • Battery
  • False Imprisonment
  • IIED
  • Trespass to land
  • Trespass to chattels
27
Q

How many intentional torts are there?

A

7

28
Q

What is the intentional tort of assault?

A
  • volitional act
  • with intent (to make P apprehend a battery)
  • which causes the plaintiff to suffer
  • reasonable apprehension of immediate
  • harmful or offensive contact
29
Q

What are the elements of assault?

A
  • volitional act
  • intent (to put P in apprehension of immediate battery)
  • defendant caused harm
  • P suffered reasonable apprehension
30
Q

What are the ways to satisfy intent for assault?

A

Intent to cause:

  • immediate harmful or offensive contact
  • immediate apprehension of such contact
31
Q

Can an accident be an assault?

A

No because of the intent element

32
Q

Does transferred intent apply to assault?

A

Yes

33
Q

In order for there to be an assault, the plaintiff’s apprehension must be what?

A

Reasonable. A reasonable person in the same position would’ve experienced the same apprehension

34
Q

What does it mean for the plaintiff’s apprehension to be reasonable for an assault?

A

A reasonable person in the same position would’ve experienced the same apprehension

35
Q

If the defendant lacks the ability to cause harm, does that preclude an assault?

A

No, as long as the plaintiff believes he is able

36
Q

What is the apprehension element of assault?

A

P is aware that imminent harmful or offensive contact will occur unless he takes evasive action

37
Q

What is an example of apprehension for assault?

A

If you shoot an arrow above someone’s head, and you know there’s a substantial certainty they will feel apprehension, you’re liable

38
Q

Is the plaintiff under an obligation to avoid contact and conditional assaults?

A

No

39
Q

What is a conditional assault?

A

The plaintiff’s compliance is conditioned on an unlawful demand

40
Q

What does “imminent” mean for assault?

A

No significant delay

41
Q

How can words negate intent for assault?

A

If you say, “if it weren’t a crime, I would beat you up right now”

42
Q

What is needed to show that the actions of the defendant caused the harm for assault?

A

That the defendant had the actual or apparent ability to inflict the touching

43
Q

If a defendant is holding a gun fifty feet away, can an assault happen even if the gun wasn’t loaded?

A

Yes, as long as the defendant had the actual or apparent ability to inflict the touching

44
Q

If the plaintiff is not looking or is asleep and doesn’t form apprehension, can there still be an assault?

A

No

45
Q

Must the plaintiff be afraid in order for there to be an assault?

A

No, just apprehensive

46
Q

Are words alone enough for assault?

A

Usually not without an overt act

47
Q

What are the rare situations that words alone can be enough for assault?

A
  • threatening to spit on someone

- standing behind someone and telling them not to turn around or you will shoot

48
Q

What is the intentional tort of battery?

A

Volitional act done with requisite intent (to touch) which causes the plaintiff to suffer a harmful or offensive contact

49
Q

Who has the burden of proof for intentional torts?

A

The plaintiff must make out the prima facie case

50
Q

What are the elements of battery?

A
  • voluntary act
  • intent to cause contact
  • harmful or offensive
  • contact
  • causation and the lack of intent
51
Q

What is required for the voluntary act for battery?

A

Volitional movement of some part

52
Q

If you aren’t legally competent, are you still capable of the volitional act?

A

Yes, and you’re liable for your torts

53
Q

What are the major categories of torts?

A
  • Intentional torts
  • Negligence
  • Strict Liability
  • Miscellaneous
54
Q

What is a good example of substantial certainty?

A

Throwing a rock into a crowd without intending to actually hit someone, but you can be substantially certain it will happen

55
Q

What intentional tort does transferred intent not apply to?

A

IIED

56
Q

What is a good question to ask if you’re looking at the apprehension element of assault?

A

Whether a reasonable person in the same situation would experience the same apprehension?

57
Q

Can future harm count as an assault?

A

No, the harm must be imminent

58
Q

If you were verbally threatened over the phone, can that be an assault?

A

Maybe, this creates an issue of imminent

59
Q

What is the purpose of the assault tort?

A

Protecting freedom from fear and apprehension

Torts FYLSE (61 decks)

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