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Law > Torts > Flashcards

Torts Flashcards

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1
Q

What is an act?

A

Volitional movement by defendant.

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2
Q

Define intent?

A

Either
specific-the goal in acting is to bring about specific consequences
General-the actor knows with substantial certainty that these consequences will result.

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3
Q

What is the general rule of transferred intent?

A

The transferred intent doctrine applies when the defendant intends to commit a tort against a person but:

  1. Commits a different tort against that person
  2. Commits the same tort against a different person
  3. Commits a different tort against a different person
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4
Q

What are the only torts that involve transferred intent?

A

Both the tort intended and the one committed must be:

  1. Assault
  2. Battery
  3. False imprisonment
  4. Trespass to land
  5. Trespass to chattels
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5
Q

Is everyone capable of intent?

A

Everyone is capable of intent. Young children, or mentally incompetent will be liable for intentional torts.

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6
Q

What is causation?

A

The result must have been legally caused by defendants act. Or something set in motion by him. Causation is satisfied if a conduct was a SUBSTANTIAL FACTOR in bringing about the injury.

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7
Q

What are the elements of intentional torts?

A

It must be an

  1. Act
  2. Intentional-specific or general
  3. There must be causation.
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8
Q

What are the elements of battery?

A
  1. Harmful or offensive contact
  2. to a plaintiffs person
    3 must have intent and causation
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9
Q

How is harmful or offensive contact judged?

A

Harmful and offensiveness are judged by a reasonable person standard.

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10
Q

When is a contact considered offensive?

A

Contact is considered offensive only if it has not been consented to however consent will be implied for ordinary contacts of everyday life.

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11
Q

What is a direct or indirect contact

A

Contact can be direct (as in striking) or indirect (as in setting a trap for plaintiffs to fall into)

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12
Q

What is a plaintiffs person?

A

A plaintiffs person includes anything connected to the plaintiff example clothing or a purse.

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13
Q

What are the elements of assault?

A
  1. An act
  2. by defendant
  3. creating a reasonable apprehension in plaintiff of immediate harmful or offensive contact to plaintiff’s person.
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14
Q

Is apprehension fear?

A

No apprehension is not fear.

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15
Q

Is an apparent ability sufficient to cause apprehension?

A

Yes if defendant has the apparent ability to commit a battery this will be enough to cause a reasonable apprehension.

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16
Q

Are words alone sufficient to create liability For assault?

A

No words alone are not sufficient for defendant to be liable the words must be coupled with conduct.

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17
Q

Explain the requirement of immediacy (assault) ?

A

Plaintiff must be apprehensive that she or he is about to become the victim of an immediate battery

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18
Q

What is false imprisonment?

A

False imprisonment is an act or omission (intentional not act) on the part of defendant that confines or restraints plaintiff to a bounded area

19
Q

What are the sufficient acts of restraint?

A

Sufficient acts include 1. physical barriers 2. physical force 3. threat of force 4. failure to release and 5.invalid use of legal authority

20
Q

What are the insufficient method of confinement or restraint?

A

Moral pressure and future threats.

21
Q

Is it relevant how short the period of time confinement is?

A

It is irrelevant how short the period of time confinement is.

22
Q

Must plaintiff know that they are being confined under false imprisonment torts?

A

Yes plaintiff must know of the confinement or be harmed to be liable for a tort of false imprisonment.

23
Q

Explain a bounded area?

A

For an area to be bounded freedom of movement must be limited in all directions there must be no reasonable means of escape to plaintiff.

24
Q

What is an intentional infliction of emotional distress?

A

An act by defendant amounting to extreme and outrageous conduct that is reckless and causes severe emotional distress

25
Q

Explain the term of art extreme and outrageous conduct?

A

This is conduct that transcends all bounds of decency conduct that is not normally outrages may become so if it is continuous in nature it is directed towards a certain type of plaintiff or is committed by a certain type of defendant.

26
Q

Which is the only intentional tort that requires damages?

A

Intentional infliction of emotional distress is the only intentional tort to the person that requires damages

27
Q

What are the elements of trespass to land?

A

Physical invasion of plaintiffs real property.

28
Q

Define physical invasion?

A

The invasion may be a person or object (example throwing a baseball into plaintiffs land is a trespass if intangible matter however enters the plaintiff may have a case for nuisance.

29
Q

Explain real property

A

Real property includes not only the surface but also the airspace and subterranean space for reasonable distance.

30
Q

Does defendant need to know that they were trespassing in order to satisfy the intent requirement?

A

No defendant does not need to know if defendant enters a particular piece of land that belongs to another he is in fact trespassing.

31
Q

Define trespass to chattel?

A

In act by defendant that interferes with plaintiffs right of possession in a chattel.

32
Q

What are the two types of trespass to chattel?

A

It may be Intermeddling (for example damaging the chattel) or disposition (example depriving plaintiffs of his lawful right of possession of the chattel)

33
Q

What are the elements of conversion?

A

And act by defendant that interferes with plaintiffs right of possession in a chattel. the interference is so serious that it warrants requiring defendant to pay the chattels full value.

34
Q

What are the acts of conversion?

A
  1. Wrongful acquisition ( or theft )
  2. Wrongful transfer
  3. Wrongful detention
  4. Substantially changing, severely damaging, or misusing a chattel.
35
Q

What are the remedies for conversion?

A

Plaintiff may recover damages for Fairmax market value at the time of conversion or
possession of the chattel.

36
Q

Is consent a defense to intentional torts?

A

Yes consent can be a defense however there will be a question was there a valid consent and did the defendant stay within the boundaries of consent?

37
Q

Explain express consent?

A

Defendant is not liable to plaintiff if he expressively consent to defendants conduct. the exceptions will be: 1.mistake 2.consent induced by fraud and 3. consent obtained by duress.

38
Q

What is implied consent?

A

Implied consent is apparent consent that a reasonable person would infer from custom and usage of plaintiffs conduct. ( example normal contacts as in sports or Dr. conduct.

39
Q

What is consent implied by law?

A

Consent implied by law arises when an action is necessary to save a persons life or some important interest in a person or property.

40
Q

Explain the capacity requirements.

A

Individuals without Capacity are deemed incapable of consent example incompetents, drunken persons, or very young children.

41
Q

Explain exceeding consent given?

A

Defendant exceeds the scope of consent and does something substantially different he may be liable

42
Q

When is self-defense possible?

A

When a person reasonably believes that he is being or is about to be attacked. he may use such force as is reasonably necessary to protect against injury.

43
Q

What are the questions of self defense?

A
  1. The questions are is the privilege available?
    The tort must be about to be committed already committed torts do not qualify.
  2. is a mistake permissible as to whether what is being defended against is actually committed
  3. and was a proper amount of force used.
44
Q

Is deadly force ever acceptable for protection of property?

A

No.

Law (12 decks)

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