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Statements of Law > Torts > Flashcards

Torts Flashcards

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1
Q

False Imprisonment elements

A

(1) Act or omission
(2) Intent
(3) Causation

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2
Q

A defendant confines a plaintiff indirectly through

A

threats of imminent force that reasonably imply actual use of force against the Plaintiff’s person, property, or immediate family

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3
Q

A defendant does NOT confine a plaintiff indirectly when

A

Plaintiff responds to the threats of imminent force by walking away or leaving the area

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4
Q

Shopkeeper’s Privilege from False Imprisonment when

A

(1) the defendant uses reasonable nondeadly force to restrain a person
(2) on a reasonable belief of shoplifting
(3) for a reasonable time and manner
(4) for the purposes of investigation

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5
Q

Assault exists when Defendant intended, acted, and caused

A

Plaintiff to have a reasonable apprehension of imminent harmful or offensive contact to their person or extension.

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6
Q

To establish a prima facie case of assault, plaintiff must prove

A

(1) Act
(2) Intent
(3) Causation
(4) Apprehension

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7
Q

The act for assault is

A

one that creates a reasonable apprehension of harmful or offensive contact to the person

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8
Q

The intent for assault is

A

intentionally acting to cause apprehension of such contact.

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9
Q

The cause for assault is

A

the act did in fact cause a reasonable apprehension.

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10
Q

The apprehension for assault is

A

a sense of expectation that is reasonable under the circumstances judged by a reasonable person standard.

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11
Q

Irrelevant facts to establishing assault is

A

(1) plaintiff’s subjective thoughts, fears, or feelings, physical prowess,
(2) the source or identity of the contact,
(3) the actual ability to make contact, apparent ability from a reasonable person is enough.

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12
Q

Privileged False Imprisonment

A

(1) shopkeeper
(2) citizen’s arrest

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13
Q

Citizen’s Arrest Privilege from False Imprisonment when

A

(1) a private citizen knows that a felony has actually been committed
(2) and has reasonable belief that the person they are arresting is the one who committed the felony.

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14
Q

Defendant’s intent to cause a tort against one person may be applied, i.e., transferred to

A

(1) an unintended victim
(2) an unintended tort
(3) an unintended tort on an unintended victim

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15
Q

Plaintiff establishes damages for intentional infliction of emotional distress when she provides evidence of

A

actual damages, at minimum severe emotional distress

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16
Q

The prima facie elements of trespass to chattel are

A

(1) Act
(2) Intent
(3) Cause
(4) Damages

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17
Q

The act for trespass to chattel is

A

one that interferes with a person’s (not necessarily the owner) right of possession in personal property, namely dispossessing or intermeddling.

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18
Q

The intent for trespass to chattel is

A

one that intends to perform the act that causes the interference, they need not intend to cause or intend the interference

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19
Q

The cause for trespass to chattel is when

A

Defendant’s act in fact interfered with right of possession

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20
Q

The damages for trespass to chattel is

A

actual damages, depriving or diminishing the chattel’s value

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21
Q

Intermeddling is

A

in the context of trespass to chattel, the conduct that directly damages the chattel.

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22
Q

dispossessing is

A

int the context of trepsass to chattel, the conduct that prevents possession of the chattel.

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23
Q

The prima facie elements of battery are

A

(1) Act
(2) Intent
(3) Cause

24
Q

The act for battery is

A

conduct that causes a harmful or offensive contact to the person or extension of another

25
Q

The intent for battery is

A

(1) the desire to cause contact
(2) knowledge with substantially that certain consequences will result.

26
Q

The cause for battery is either direct or indirect

A

(1) direct when Defendant’s instantly contacts the person
(2) indirect when Defendant’s mobilizes a force that contacts the person later

27
Q

Damages for conversion of chattel is calculated by

A

the fair market value of the chattel at the time of conversion, but the Defendant keeps the converted chattel.

28
Q

Trespass to land protects

A

exclusive possession of land from unprivileged physical invasion, actual damage is irrelevant.

29
Q

Generally, intentional torts are

A

conduct that a person knew or should have known causes harm or offense to another person or their property.

30
Q

Generally, negligent torts are

A

conduct below the standards of a reasonable person under the circumstances.

31
Q

In tort, general intent is

A

knowing with substantial certainty that particular actions cause particular consequences

32
Q

In tort, specific intent is

A

having the specific purpose of causing specific consequences

33
Q

In tort, actual causation is
(1)
(2)

A

(1) But-For: Without the defendant’s act, the events or injuries would not occur.
(2) Substantial Factor: defendant’s acts substantially contributed to the events or injuries that occurred.

34
Q

The prima facie elements of intentional infliction of emotional distress are
(1)
(2)
(3)
(4)

A

(1) Act
(2) Intent or recklessness
(3) Causation
(4) Severe emotional distress

35
Q

The act for intentional infliction of emotional distress is

A

extreme and outrageous conduct

36
Q

outrageous conduct is

A

that which transcends all bounds of decency tolerated by society

37
Q

Transferred intent between torts applies for
(1) - (5)

A

(1) assault
(2) battery
(3) false imprisonment
(4) trespass to land
(5) trespass to chattel

38
Q

Deadly force
(1) may be used
(2) must never be used

A

(1) when defendant reasonably believes necessary to prevent them or a person from serious bodily injury or death
(2) when to prevent damage to property.

39
Q

Consent may be implied
(1)
(2)
(3)

A

(1) custom consent, from daily societal interactions
(2) circumstantial consent from plaintiff’s conduct and activities
(3) apparent consent from plaintiff’s express consent

40
Q

Res ipsa loquitur
(1) definition
(2) what it means
(3) elements
(4) prime example

A

(1) “the thing speaks for itself”
(2) The events resulting in plaintiff’s injury indicate defendant’s negligence
(3) Plaintiff must prove plaintiff’s injury would not occur unless someone was negligent and that someone is ordinarily in defendant’s position.
Ex. control of the persons or instrumentality that Defendant exclusively controls.

41
Q

“eggshell-skull plaintiff” means

A

Defendant is liable even if the extent or severity of the harms are unforseeable, such as aggravation or highly fragile.

42
Q

A right to contribution arises when

A

(1) two or more defendants are jointly and severally liable (because their tortious acts combined to proximately cause an indivisible injury) AND
(2) One defendant pays more than their share of their relatively equal fault (because Plaintiff only sued or solely recovered from one defendant)

43
Q

A right to indemnity arises when

A

(1) two or more defendants have a contractual promise
(2) they are in a vicarious relationship
(3) strict liability products case up the chain of distribution
(4) large difference in degree of fault among the defendants.

44
Q

D negligent. P under legal guardianship. Guardian negligent in taking P to doctor. P injury aggravated. Best argument?

A

P’s failing to mitigate resulting in further injury is because of guardian, not P’s negligence.

45
Q

Tortious interference with business relations

A

(1) existence of a valid contractual relationship between P and a 3rd party OR business expectancy
(2) D knew of the relationship or expectancy
(3) intentional interference that induces breach or termination, using non-privileged means
(4) damage to P

46
Q

Privileged means of interference means

A

proper attempt to obtain business for the interferer especially if only with a prospective business relationship rather than an existing contract.

47
Q

Wild Animals

A

Strict liability
injury within the dangerous propensity
and person flight from

48
Q

Battery Elements

A
  1. Intent to Cause Contact (or Assault)
  2. Act that Contact
  3. Causation
  4. Harmful or Offensive Contact
49
Q

IIED Elements

A
  1. Intent (or reckless) to Cause Emot Distress
  2. Act that Xtreme Outrageous
  3. Causation
  4. Emotion Distress
50
Q

IIED Elements

A

Act Xtreme Outrageous
Intent (or reckless) to Cause Severe Emot
Cause
Severe Emotio

51
Q

Trespass to Land

A
  1. Intent to Act
  2. Act that Trespasses
  3. Causation
52
Q

Trespass to Chattel

A
  1. Intent to Act
  2. Act that Trespasses (w/o perm)
  3. Causation
  4. Damages
53
Q

Conversion Elements

A
  1. Intent to Act
  2. Act that Trespasses (w/o perm)
  3. Causation (70%)
  4. market damages at convers time but keep prop
54
Q

Deadly Force Elements

A
  1. honest
  2. reasonable belief
  3. deadly force necessary
  4. actual danger or reasonable appearance
55
Q

Landowner Liability Elements

A
  1. Duty from who protecting
  2. Breach
  3. Causation
  4. Damages
56
Q

Bystander NIED (majority/Texas)

A
  1. D negligence cause V injury
  2. P related to V
  3. P present and observed
  4. Causation
  5. Emotional Distress
57
Q

Bystander

A

Statements of Law (15 decks)

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