Torts Flashcards
What is Battery?
(1) An act that was (2) Intended to (3) cause harm or offensive contact with another person, and did (4) cause harm or offense on (5) the body of another.
What is assault?
(1) An intentional (2) act that puts another person in (3) reasonable fear of (4) imminent harmful or offensive contact.
What can be battered?
A person, or a closely related object to the person ie, clothing, chair
When is Lying a tort?
When it is made (1) knowingly, (2) without belief in its truth, or recklessly, and (3) you were falsely representing something. See Fraud.
When is it considered to be ‘on duty’ in regards to vicarious liability of an employee?
(1) When it is conduct of a general nature that was hired for, (2) when it serves employers interest, and (3) within the designated hours/boundaries.
Can employers be held vicariously liable for the actions of their employees?
Yes, if the employee is on duty for the employer at the time of the incident.
What is the four elements for a tort?
(1) An act that (2) had intent behind it where there is a (3) casual connection to (4) harm.
What is transferred intent?
When someone tries to assault/batter another, but misses and hits a third party. Still counts as battery/assault.
What are the elements to intentional infliction of emotional distress? (IIED)
(1) Intentional or reckless conduct that (2) is extreme enough to offends generally acceptable standards which (3) causes emotional distress in another and (4) such distress is severe.
What is false imprisonment?
When (1) a person intends to (2) confine another (3) causing harm or they’re aware of the imprisonment.
What are the defenses to Assault/battery?
(1) Consent. (2) Self-defense or Defense of others, (3) Necessity or consent by law (CPR)
What is the papier-mache plaintiff?
Defendants take the plaintiffs are they are, with all frailties included.
What is consent?
(1) Informed, (2) voluntary, and (3) given by a person with legal capacity
What is negligence per se?
A person can be found negligent per se when they (1) violated a (2) health and comfort law, if they were the (3) intended person to stop the violating, and the victim is the (4) intended protected person of that law.
What is conversion?
Then a person (1) intends to and does (2) deprive another of their (3) stuff. (Includes not just stealing, but destroying too, greater than trespass)
