Torts Flashcards
Battery
Intentional infliction of a harmful or offensive bodily contact w a P’s person. Contact may be either direct or indirect.
Whether a contact is harmful or offensive is determined according to an objective, reasonable person standard. A contact is considered offensive only if a reasonable person would not consent to it. There is implied consent for ordinary contacts of every day life.
The contact to a plaintive person includes anything the victim is holding, touching, or connected to.
Are actual damages required for battery?
No. Even without actual damages, the plaintiff can recover nominal damages and, if the defendant acted with malice, punitive damages.
Elements of an intentional tort
Act by defendant, specific or general intent, causation.
Assault
The intentional creation of reasonable apprehension of eminent harmful or offensive bodily contact. Assault requires an act by defendant, Intent to create apprehension or intent to make harmful or offensive contact, reasonable apprehension of eminent battery, causation
Apprehension in the definition of assault
Knowledge of imminent harmful or offensive contact, not fear. Apprehension is measured from the plaintiff’s perspective.
Are words alone sufficient for an assault
The general rule is that words alone are not sufficient for an assault because words lack immediacy. There must be an overt act by the defendant. Words, however, may negate apprehension even if there is an overt act by the defendant.
Future threats= No imminence so no assault.
Conditional threat sufficient unless the defendant had a legal right to compel the victim to perform the action or the condition expressly negates the defendant’s intention to harm the victim.
False imprisonment
Intentional infliction of a confinement where the victim has knowledge of or is harmed by the confinement.
A tortfeasor is subject to liability to another for false imprisonment if she acts intending (specific intent or with knowledge to substantial certainty) to confine the other for a third person within boundaries fixed by the actor, her act directly or indirectly results in such a confinement of the other, and the other person is conscious of the confinement or is harmed by it.
Are future threats and moral pressure sufficient acts of restraint for false imprisonment
No
Private nuisance
Private nuisance is a substantial and a reasonable interference w P use and enjoyment of her land. D conduct is unreasonable if harm to P outweighs utility of conduct, or the harm caused to P is greater than should be required to bear without compensation. The D’s conduct must also be negligent, abnormally dangerous, or intentional.
Trespass to land
Trespass to land is the physical invasion of plaintiffs real property and occurs either when the defendant intentionally enters the Plaintiffs land without permission, The defendant remains on the land without the right to be there Even if original entry was lawful, or if the defendant places a tangible object on, Or refuses to remove from, plaintiffs land without permission. For trespass, a defendant only needs to intend actual entry on the land. It is not required that the defendant intend for the entry to be wrongful.
What is an invitee
An invitee is either a person invited onto the land to contact business with the owner or person invited as a member of the public for purposes for which the land is held open to the public.
Duty of owners in occupiers of land to invitees
The owner of the land must conduct activities on the property with reasonable care as well as inspect with reasonable care for unknown concealed dangers. (different from duty to licensee)
For known concealed dangers, the owner has a duty to warn.
If a duty is owed, the owner can satisfy the duty of reasonable care by either making the condition safe or issuing a warning of the dangerous condition.
To establish a prima facie case of negligence, the plaintiff must prove
Duty, breach of duty, causation, damages.  The duty of care is the legal duty requiring the defendant to act According to a certain standard. The basic standard of care is that of a reasonable person Acting under like circumstances. There is no duty to unforeseeable victims.
Negligent infliction of emotional distress
The plaintiff must show that she was in the zone of physical danger created by the defendants negligence. Outside of the zone of danger, a plaintive can only recover if: Plaintiff was present at the scene, Plaintiff observed or perceived the injury, And plaintiff and the injured party are closely related.
Defamation
Defamation requires a defamatory statement published by the defendant to a third person that damages the reputation of the plaintiff. When the defamation refers to a public figure Or involves a matter of public concern, The first amendment also requires that the plaintiff show that the statement was false and the defendant was at fault. Faults by the defendant is negligent is it refers to a private person and malice is it involves a public official or figure.
