Torts

Question 1

intentional tort general requirmeents

Answer 1

Act (by D)
-volitional movement
Intent (by D)
-intent to bring about general consequences of tort but don’t need to intend the SPECIFIC INJURY that results
Causation
-substantial factor

Question 2

is incapacity a defense to committing a tort?

Answer 2

no

Question 3

transferred intent

Answer 3

When D intends to commit some tort against a person but instead:

-Commits a DIFFERENT tort against that person
-Commits the same tort but against a DIFFERENT person
-Commits a different tort against a different person

Intent is TRANSFERRED for purposes of est prima facie case

Question 4

when does the doctrine of transferred intent apply (torts)

Answer 4

the INTENDED and ACTUAL tort must be….
-assault
-battery
-false imprisonment
-trespass to land
-trespass to chattels

CONVERSION not included, nor is outrageous behavior

Question 5

battery

Answer 5

-harmful OR offensive contact (contact can be direct or indirect)
-w plaintiff’s person (anything connected to P)

Question 6

what is the standard for offensive contact

Answer 6

reasonable person. unpermitted.
consent implied for ordinary contacts of daily life (bumped on bus)

Question 7

assault elements

Answer 7

-reasonable apprehension (awareness; fear not required)
-of IMMEDIATE battery (need not know D’s identity) (If D has “apparent ability” to commit, sufficient [loaded gun])

Question 8

words and assault

Answer 8

mere words generally not enough. must be coupled w conduct.

but words can NEGATE reasonable apprehension
1. conditional threat
2. words cast in future tense

Question 9

false imprisonment elements

Answer 9

-act or omission that confines or restrains [irrelevant how short period of confinement is]
-P confined to bounded area [P must be aware they are confined] [bounded on all sides with NO REASONABLE MEANS OF ESCAPE KNOWN TO P] [reasonable = not disgusting, dangerous, humiliating, or hidden]

Question 10

what does and does not constitute a bounded area

Answer 10

DOES
-physical barriers
-physical force
-threats of force (direct or indirect/implied)
-failure to release when under LEGAL DUTY (taxi/airplane w wheelchair lady)
-false arrest
DOESNT
-moral pressure
-future threats

Question 11

IIED elements

Answer 11

-act that is extreme and outrageous
-P suffers SEVERE emotional distress

requires only RECKLESSNESS for intent

only intentional tort that requires damages

Question 12

what type of conduct is extreme and outrageous

Answer 12

not mere insults

generally…
-continuous in nature
-committed by common carrier or innkeeper (here, mere insults may suffice)
-directed towards fragile plaintiff (or supersensitive adult if sensitive known to D)

Question 13

IIED for bystander

Answer 13

When the defendant’s conduct is directed at a third person, and the plaintiff suffers severe emotional distress because of it, the plaintiff may recover by showing either the prima facie case elements of emotional distress or that (1) they were present when the injury occurred; (2) the distress resulted in bodily harm or the plaintiff is a close relative of the third person; and (3) the defendant knew these

Question 14

trespass to land elements

Answer 14

-physical invasion (by person or object; must be tangible; if intangible, nuisance)
-of real property (includes air + soil)

intent need only be to enter that particular piece of land; need not know the land belonged to someone else

Question 15

trespass to chattels

Answer 15

-interferes w P’s right to possession
-smaller harm (damage or dispossession)

D’s mistaken belief that they own the chattel is no defense

Question 16

conversion

Answer 16

-interferes w Ps right to possession
-interference is SERIOUS ENOUGH in nature or consequence to warrant D paying the FULL VALUE of the chattel (operates as forced sale) [theft, wrongful transfer, wrongful detention, severe damage/change]

mistake as to ownership is no defense

only physical stuff and intangibles reduces to physical form (like promissory note)

can recover damages (fair market at time of conversion) or possession

Question 17

defenses to intentional tort (list)

Answer 17

-consent
-defense of person or property [threat must be coming from P]
-necessity

Question 18

types of consent

Answer 18

-express
-implied [reasonable person could infer from 1. custom and usage or 2. body lang consent (P joins rugby game)] [OR when necessary to save person’s life or other important interest in person or prop]

capacity required
one cannot consent to criminal act
cannot exceed unreasonably consent

Question 19

express consent exceptions

Answer 19

-mistake will undo if D knew of and took advantage of mistake
-consent induced by fraud if goes to ESSENTIAL matter (collateral ok)
-consent obtained by duress (unless only future threat)

Question 20

self-defense against intentional torts

Answer 20

-if someone reasonably believes they are being attacked or are about to be attacked, can use as much force as reasonably necessary to protect against injury
-majority rule: no duty to retreat [tho modern law may req for deadly force unless inside home]
-not available to initial aggressor or one who escalates from non deadly to deadly
-may extend to 3d parties
-reasonable mistake OK
-only force reasonably necessary allowed [can’t bring a gun to a knife fight]

Question 21

defense of third parties in intentional tort

Answer 21

same as self-defense

Question 22

defense of property

Answer 22

-reasonable force
-but must request desist or leave prior unless would be futile or dangerous
-does not apply once tort committed except if in hot pursuit
-doesn’t apply if they have privilege to be there [necessity]
-no deadly force or serious bodily injury unless invasion of prop entails serious threat of bodily injury

Question 23

shoplifting detentions

Answer 23

can avoid false imprisdonment claim
shopkeeper has privilege to detain suspected shoplifter for investigation but must have…
-reasonable belief of theft
-detention conducted in reasonably manner (no deadly force)
-detention only for reasonable time

Question 24

necessity

Answer 24

-to public or private
-when reasonably and apparently necessary to avoid some injury and when injury is substantially more serious than the invasion that is undertaken to avert it

ONLY AVAILABLE FOR DEFENSE TO PROPERTY TORTS

Question 25

public necessity

Answer 25

to avert an “imminent public disaster”
absolute defense

Question 26

private necessity

Answer 26

when action was to prevent serious harm to limited number of people

L for any injury they cause (but not for nominal/punitive damages)

privilege to enter property…just must pay for damage

Question 27

prima facie negligence elements

Answer 27

duty
breach
causation
damages

Question 28

negligence - duty

Answer 28

Legally imposed obligation to take risk reducing precautions for the benefit of others

only to foreseeable plaintiffs

includes rescuers (not police/FF); viable fetuses

Question 29

negligence - breach

Answer 29

basic standard of care: reasonably prudent person (obj. - measured against average person [don’t matter if idiot])
exceptions for:
-superior skill or knowledge
-relevant physical characteristics [blind ppl shouldn’t drive car]

Question 29

negligence - breach

Answer 29

basic standard of care: reasonably prudent person (obj. - measured against average person [don’t matter if idiot])
exceptions for:
-superior skill or knowledge
-relevant physical characteristics [blind ppl shouldn’t drive car]

Question 30

chattel recapture

Answer 30

The defense of recapture of chattels is limited by the circumstances of the original dispossession. When another’s possession of the owner’s chattel began lawfully, the owner may use only peaceful means to recover the chattel.

Question 31

can a landowner use a vicious dog to defend property, even if he posts warning signs?

Answer 31

no. only reasonable force to defend prop