Torts

Question 1

the defendant desires or is substantially certain the elements of the tort will occur.

Answer 1

Intent

Question 2

if a defendant intends to do acts which would constitute a tort, it is no defense that the defendant mistakes, even reasonably, the identity of the property or person he acts upon or believes incorrectly there is a privilege.

Answer 2

The Mistake Doctrine

Question 3

intent is subjective and requires that the defendant actually desires or be substantially certain the elements of the tort will occur. Consequently, if the defendant is extremely mentally impaired or very young, she may not actually possess the requisite intent.

Answer 3

Insanity & Infancy

Question 4

when the defendant’s acts intentionally cause harmful or offensive contact with the victim’s person.

Answer 4

Battery

Question 5

the defendant’s acts intentionally cause the victim’s reasonable apprehension of immediate harmful or offensive contact.

Answer 5

Assault

Question 6

the defendant unlawfully acts to intentionally cause confinement or restraint of the victim within a bounded area.

Answer 6

False Imprisonment

Question 7

the intentional interference with the right of possession of personal property

Answer 7

Trespass to Chattel

Question 8

“an intentional exercise of dominion and control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.”

Answer 8

Conversion

Question 9

the defendant, by extreme and outrageous conduct, intentionally or recklessly causes the victim severe mental distress

Answer 9

Intentional Infliction of Mental Distress

Question 10

A person can use reasonable force to protect a third person from immediate unlawful physical harm.

Answer 10

Defense of Others

Question 11

a defense which allows the defendant to interfere with the property interests of an innocent party in order to avoid a greater injury. The defendant is justified in her behavior because the action minimizes the overall loss. The defense is divided into two categories: public and private

Answer 11

Necessity

Question 12

Permits P to recover for intentional tort even if tortious conduct intended for another.

Answer 12

Transfer of Intent Between Persons

Question 13

Permits P to recover for one intentional tort even if a different intentional tort was intended.

Answer 13

Transfer of Intent Between Torts

Question 14

Where there is both a transfer of intent between torts and a transfer of intent between persons.

Answer 14

Multiple Transfers of Intent

Question 15

Will be liable for all harm resulting from intentional conduct even if only intended some harm or non

Answer 15

Transferred Intent and Harm

Question 16

Must have capacity to give consent:
Must appreciate nature, extent and probable consequences of conduct to which consent given
May be manifested by words, affirmative action, silence or inaction under circumstances where the latter show consent
Defense limited to scope of consent given,

Answer 16

Consent in Fact

Question 17

Circumstances indicate that consent has been given notwithstanding any unexpressed feelings

Answer 17

Apparent Consent

Question 18

May arise as a result of a medical emergency where there is no time to obtain actual consent
If written consent is provided, should include right to act in an emergency

Answer 18

Implied Consent

Question 19

No defense if consent procured by fraud or negligently– if P’s mistake is sufficiently material to the grant of consent and defendant knows plaintiff is mistaken
No defense if consent procured under threat of physical force but may consent even where economic duress
No defense if both P and D are mistaken

Answer 19

Consent and Mistake

Question 20

Consent is not a defense if duress in the form of a threat to person or property or that of family members.
Consent generally is a defense to economic duress

Answer 20

Consent and Duress

Question 21

Split of authority on whether plaintiff may consent to criminal act
Better view is that consent is a defense to a tort action but not a criminal action, unless law is designed to protect class of persons.

Answer 21

Consent and Criminal Acts