Torts

Question 1

Battery

Answer 1

Volitional act with intent to cause harmful or offensive contact with a person and causes harmful or offensive contact with a person or a third party, directly or indirectly

Question 2

Assault

Answer 2

Volitional act with intent to cause reasonable apprehensive of imminent harmful or offensive contact with a person, and causes reasonable apprehensive of imminent harmful or offensive contact with a person.

Must see it coming to be assault

Question 3

Intentional Infliction of Emotional Distress

Answer 3

Volitional act with intent to cause or recklessly disregarding to a high probability or causing severe emotional distress through extreme and outrageous conduct and causes severe emotional distress to a person or a bystander.

Question 4

False Imprisonment

Answer 4

Volitional unauthorized act with intent to cause confinement/restraint of a person within boundaries fixed by the defendant and directly or indirectly causes such confinement/restraint of person or third party and person is conscience of the confinement or harmed.

Question 5

Trespass to Land

Answer 5

Volitional act with intent to enter another’s land and does enter the land.

Question 6

Trespass to Chattel

Answer 6

Volitional act with intent to cause interference with a person’s ownership or possession of chattel and causes interference with a person’s ownership or possession of chattel.

Question 7

Conversion

Answer 7

Volitional act with intent to cause substantial interference with a person’s ownership or possession chattel and does substantially interfere with a person’s ownership or possession of chattel.

Question 8

Intent

Answer 8

Desire to cause;

Knowledge to substantial certainty harm will occur

Question 9

Volition

Answer 9

Exercise of will

Question 10

Apprehension

Answer 10

1) Know what’s happening
2) Anticipate is enough, do not need to fear
3) Apparent ability to carry out consequences

Question 11

Imminent

Answer 11

More than mere preparation, believes that it will happen

Question 12

Reasonable

Answer 12

Reasonable person in circumstances would be apprehensive.

1) Future threats not sufficient for assault
2) Conditional threats based on non-existant facts, based on an unlawful condition (enough for assault)

Question 13

Act

Answer 13

Usually movement towards. Words alone not enough. Unless a reasonable person would be apprehensive.

Question 14

Boundaries

Answer 14

Limited area, must be in a defined area

- Could possibly be limited to a city, state or country

Question 15

Confinement

Answer 15

• Against your will

- Usually through force or threat of force (force to person or property)

Question 16

Contact

Answer 16

Person or something internally connected to person.

Question 17

Offensive

Answer 17

Offensive to ordinary person not unduly sensitive to personal dignity

Question 18

Harmful

Answer 18

Physical, bodily damage or impairment (structurally or functionally)
- Does not matter if harm worse than intended or not aware of act at the time of contact.

Question 19

Defenses against Confinement Claim

Answer 19

1) Not through moral persuasion (following directions, clearing your name)
2) Not through future or conditional threats unless it imposes an unlawful condition (“stay in the barn or I’ll burn down your house”)
3) Not it agreed to confinement, unless you changed your mind, then you must be released.

Question 20

Reasonable means of Escape for Confinement

Answer 20

1) π know’s and it is apparent
2) no peril to life, limb, clothes or other
3) not required to do an unlawful conditions

Question 21

IIED Bystander

Answer 21

∆ knew they were there and witnessed the conduct

- Need to show physical manifestation

Question 22

Trespass to Chattel: Dispossession

Answer 22

Temporary taking for some time or a refusal to return the property
- measure of harm: loss of use

Question 23

Trespass to Chattel: Intermeddling

Answer 23

Only physical contact, not taken. “You punch the horse, you didn’t take the horse”
- measure of harm: impaired conditions, effects the quality or value

Question 24

Chattel

Answer 24

Tangible personal property or intangible personal property represented by something tangible i.e. deed or promissory note

Question 25

Substantial

Answer 25

1) The greater the extent and longer the duration of dominion control
2) The greater the extent of harm
3) The greater the expense and inconvenience
4) Bad faith - not necessary

Question 26

Consent

Answer 26

Express, implied from the facts form conduct in light of surrounding circumstances.
When consent is used as a defense you must determine whether it was:
1) The essence of the tort - Dunk tank
0r
2) A collateral matter - man gives prostitute counterfeit bills

• Consent implied in emergencies, no reason to believe π would not consent. (unconscious, ill, incompetent, intoxicated, minor (and no time to get parent’s consent)

Question 27

Consent continued

Answer 27

-Athletes - Safety Rules
-Past conduct or a series of practical jokes can be consent
-Cannot be obtained through fraud (duress, mistake)
unless fraud is a collateral matter
-Cannot consent to a illegal activity/violation of a statute

Question 28

Self-Defense

Answer 28

Under threat of imminent harmful or offensive contact or under reasonable apprehensive of such an attack and with no duty to retreat, ∆ may use reasonable force in the circumstances to prevent threat and bodily harm.

• Can only be used for Battery, Assault, and False Imprisonment. Everything else would be retaliation.

Question 29

Self-Defense: Duty to Retreat

Answer 29

No duty to retreat: except minority, when faced with deadly force and can safely retreat

Question 30

Can you threaten more than you can deliver?

Answer 30

Yes

Question 31

Self-Defense: Mistakes

Answer 31

1) Mistake as to the threat - Keep your defense
2) Mistake as to who is aggressor - Lose Defense
3) Mistake as to level of force - Lose Defense

Must be reasonable force - Comparable

Question 32

Self-Defense: If defending another but they are the aggressor, would you lose your defense?

Answer 32

Yes, if the third party is injured, unless third party intentionally in harm’s way, then not liable

Question 33

Defense of Property

Answer 33

Person can use reasonable force in circumstances to prevent a tort against property.

Question 34

Can you use deadly force or substantial bodily injury force?

Answer 34

No, unless people are threatening with deadly or SBI force.

Question 35

Consent: When will consent be implied from the facts?

Answer 35

Silence, Culture (social mores), as a matter of law, and when consent cannot be obtained.

Question 36

Reasonable Force

Answer 36

Can only use that force you reasonably believe is necessary to prevent PP/RP