Torts Flashcards
Elements of assault
Intentional (1) act by D that creates a reasonable apprehension (reasonable and actual expectation) in P (2) of immediate harmful or offensive contact to P’s person
Elements of battery
Intentional (2) harmful or offensive (i.e. reasonably unpermitted) contact by D (2) to P’s person (or anything connected to P’s person)
Elements of false imprisonment
(1) An act of mission by D resulting in P’s restraint or confinement (2) to a bounded area
Elements of intentional infliction of emotional distress
(1) extreme and outrageous (exceeding bounds of decency in society) by D (or alternatively, less extreme conduct that targets P’s known sensitivity, conduct that is repetitive, targeting of a fragile class, of where D is a common carrier or innkeeper) (2) that causes P severe emotional distress
Elements of trespass to land
Physical invasion of P’s real property
Elements of trespass to chattel
D interferes with P’s right of possession in chattel, causing a minor interference or damage that justifies recovery of the cost or repair
Elements of conversion
D interferes with P’s right of possession in chattel, causing significant interference or damage that justifies recovery of the full market value of the chattel
Can a property owner use force to recapture their property after being dispossessed?
No for real property.
Yes for chattel when in “hot pursuit” of the tortfeasor (A demand for return of the chattel must be made before force is used, unless the demand would be futile or dangerous). When another’s possession of the owner’s chattel began lawfully, the owner may use only peaceful means to recover the chattel
When can a property owner not use force to defend their property?
A defendant cannot assert the defense of property if she uses force against one with a privilege to enter the property (co-owner, necessity, right of reentry, right to enter upon another’s land to recapture chattels, etc.)
When can a shopkeeper detain someone without being guilty of false imprisonment?
In addition to having a reasonable belief as to the fact of theft, a shopkeeper is required to conduct the detention in a reasonable manner and detain the suspect for a reasonable period of time for the privilege to apply.
When does the privilege of private necessity apply?
A person may interfere with the real or personal property of another when the interference is reasonably and apparently necessary to avoid threatened injury from a natural or other force and the threatened injury is substantially more serious than the invasion that is undertaken to avert it
When can a principal be held vicariously liable for the tortious acts of an independent contractor?
In general, a principal will not be vicariously liable for tortious acts of an independent contractor. Two broad exceptions exist, however:
(i) The independent contractor is engaged in inherently dangerous activities, e.g., excavating next to a public sidewalk, blasting; or
(ii) The duty, because of public policy considerations, is simply nondelegable, e.g., the duty of a business to keep its premises safe for customers.
What are the damages awarded for trespass to chattel vs. conversion?
Trespass to chattel: cost of repair / rental value
Conversion: full market value at time of conversion OR replevin (repossess)
