Torts 7-12 Flashcards
When is a defendant liable for Trespass to Land?
When he intentionally,
Either:
Enters the land in possession of another;
Causes an object/third-person to enter;
Remains on the land; OR
Fails to remove an object he is under a duty to remove.
*Intent to trespass is NOT required.
Priority: HIGH
When is a person liable for Trespass to Chattels?
When he:
Intentionally interferes with another’s personal property,
AND
The amount of damage is small.
Priority: HIGH
When is a person liable for Conversion?
When he:
Intentionally interferes with another’s personal property,
AND
The amount of interference is substantial.
*Defendant will be liable for full market value of item.
Priority: HIGH
Under the Doctrine of Transferred Intent, how can the intent to harm one party be transferred to another party that was injured?
It’s transferred when:
The defendant had the intent to commit a tort against one particular individual; AND
If in the act of trying to accomplish that tort either:
commits a different tort against that person; OR
another party is injured.
*Only applies to Battery, Assault, False Imprisonment, Trespass to Land, & Trespass to Chattels.
Priority: Medium
Intentional Tort Defenses
Consent is a defense to intentional torts, and can be express, apparent, or implied by law.
Apparent Consent vs. Impliedby Law Consent
Apparent Consent: When words or conduct are reasonably understood to be intended as consent (such as customary practice or a person’s failure to object).
Implied by Law Consent: Occurs in special circumstances, such as medical emergencies.
*Defendant’s actions CANNOT exceed the bounds of the consent given.
Priority: Medium
Intentional Tort Defenses
What is the defense of Privilege?
It is conduct that under ordinary circumstances would subject the actor to liability, BUT is excused under the circumstances.
Priority: N/A
