TORTS Flashcards
To establish a prima facie case of an intentional tort, what is required?
What is transferred intent and to what torts does it apply?
Is incapacity a defense?
- Act and `
- Intent (specific or general)
- Causation
If you have intent to commit one tort and (a) commit a differnt tort on that person (b) commit the same tort against a different person or (c) a diffrent tort against a different person, you are liable.
Assualt, battery, false imprisonment, trespass to land and trespass to chattels.
Never for the purposes of intentional torts.
What are the elements of battery?
- Harmful or offensive contact (offensive when it would be offensive to a reasonable person).
- To P’s person - includes anything connected to the P
- Intent
- Causation
What are the elements of assualt?
(1) Reasonable apprhension - does not need to be fear and P must know of the act. Words alone are not enough, but can negate reasonable apprehension.
(2) of an immediate battery
(3) Intent
(4) causation
What are the elements of false imprisonment?
(1) Act or omission that confines or restraints P to bounded area. - Future threats and moral pressure do not suffice. P must know of confinement and there must not be reasonable means of escape.
(2) Intent
(3) Causation
What are the elements of IIED?
When is normally un outrageous conduct enough?
(1) act causing extreme or outrageous conduct - “transcends all bound of decency”.
(2) intent or recklessness
(3) Causation
(4) Damages - severe emotional distress. - only intentional tort which requires damages.
(1) continuious in nature
(2) commited against child, pregnant woman, elderly persons or supersensitive adults if known by D
(3) Common carriers and inkeepers.
When can a bystander bring an IIED claim?
(1) present when injury occured (2) close relative to injured person (3) D knew facts 1 and 2.
What are the elements of tresspass to land?
(1) Physical invasion of real property - can be person or object and real property is both air and ground.
(2) intent - only intent to enter land, not that they knew they were trespassing.
(3) Causation
What are the elements of trespass to chattels?
What are the elements of conversion?
(1) interference with P’s right of possession in chattel
(2) Intent - intent to tresspass is not required, just intent to do the act. So believeing it is yours doesnt protect you.
(3) Causation
(4) damages
(1) interference with P’s right to posession
(2) intent
(3) Causation
(4) So significant warrants full value. - long and extensive use makes it more likely it is conversion rather than TTC.
What are the inquires you must make when dealing with a consent defense to an intentional tort?
How may consent be given?
- Was there a valid consent? - Unlike intent for torts, they must have capacity to give consent.
- DId the D stay iwthin the boundries of the consent?
Express. However, mistake will negate if D knew, induced by fraud if it goes to essential matter, duress will be invalidated unless future threats.
Implied - what a reasonable person would infer from custom and usage or P’s conduct.
Self defense rule
Is mistake allowed?
Reasonably believes that she is being or is about to be attacked, you may use proportional force to protect.
A reasonable mistake as to the existence of the danger is allowed.
What is the defense of property rule?
Reasonable force permitted to prevent the commission of a tort against real or personal property. However, a warning to desit or leave must first be given unless dangerous or futile. Does not apply once the tort has been commited - (unless chattels, then you have hot pursuit exception because it is sitll being commmited).
Deadly force cannot be used unless the person is threatned with deadly force.
Possession which started lawfully, only peaceful means to recover.
When can one interfere with the real or personal property of another?
Neccessity - resonabaly and apparently neccessary to avoid threatned injury from natural force if that threat is substantially more serious thatn the invasion.
(1) pubilc - act is for public good - no liability for payment
(2) Private - for yourself - you are not liable, but must pay for damage to property or chattels.
If you use necessity, you have privilege to remain untill danger is over.
When determining whether a defendant has a duty for a negligence action, what is the analysis?
- Was the plaintiff foreseeable? - Prior to the injury, ask the D, who would potentially be injured?
- What standard of care is owed?
What is the normal standard of care for negligence actions?
What are the particular standards of conduct?
Reasonably prudent person under the circumstances - mental acumen is not taken into account. Physcial are relevant if those are relevant to the claim.
Professionals - must posess the same knowledge and skill of a member of the profession or occuption in good standing. - for doctors, this is a national standard. For specialists, it is a local standard.
Children - like age, education, intelligence, and experience. However, if doing adult activies (operating motor vehicle), then it is normal standard of care.
Common inkeepers and carriers - liable for even slight negligence. - however, plaintiff must be passanger or guest.
What are the standards for premises liability?
- Undiscovered trespasser - NONE
- Discovered or anticpated trespasser - only a duty to warn or correct artificial, known, hidden, and highly dangerous conditions.
- Child - Attractice nusiance doctrine - (1) dangerous condition on land that the owner is or should be aware of (2) owner knows children will come (3) dangerous because child cannot appreaciate the risk (4) expense of remedying is slight compared to magnitude of risk
- Licensee - there for their benefit - Duty to warn of both articial and natrual conditions that are known, nonobvious, and dangerous
- Invitee - there for posessors benefit - reasonable inspections.
