Torts

Question 1

What is an act?

Answer 1

Volitional movement by defendant.

Question 2

Define intent?

Answer 2

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

Question 3

What is the general rule of transferred intent?

Answer 3

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

Question 4

What are the only torts that involve transferred intent?

Answer 4

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

Question 5

Is everyone capable of intent?

Answer 5

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

Question 6

What is causation?

Answer 6

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.

Question 7

What are the elements of intentional torts?

Answer 7

It must be an

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

Question 8

What are the elements of battery?

Answer 8

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

Question 9

How is harmful or offensive contact judged?

Answer 9

Harmful and offensiveness are judged by a reasonable person standard.

Question 10

When is a contact considered offensive?

Answer 10

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

Question 11

What is a direct or indirect contact

Answer 11

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

Question 12

What is a plaintiffs person?

Answer 12

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

Question 13

What are the elements of assault?

Answer 13

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

Question 14

Is apprehension fear?

Answer 14

No apprehension is not fear.

Question 15

Is an apparent ability sufficient to cause apprehension?

Answer 15

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

Question 16

Are words alone sufficient to create liability For assault?

Answer 16

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

Question 17

Explain the requirement of immediacy (assault) ?

Answer 17

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

Question 18

What is false imprisonment?

Answer 18

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

Question 19

What are the sufficient acts of restraint?

Answer 19

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

Question 20

What are the insufficient method of confinement or restraint?

Answer 20

Moral pressure and future threats.

Question 21

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

Answer 21

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

Question 22

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

Answer 22

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

Question 23

Explain a bounded area?

Answer 23

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.

Question 24

What is an intentional infliction of emotional distress?

Answer 24

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

Question 25

Explain the term of art extreme and outrageous conduct?

Answer 25

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.

Question 26

Which is the only intentional tort that requires damages?

Answer 26

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

Question 27

What are the elements of trespass to land?

Answer 27

Physical invasion of plaintiffs real property.

Question 28

Define physical invasion?

Answer 28

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.

Question 29

Explain real property

Answer 29

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

Question 30

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

Answer 30

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

Question 31

Define trespass to chattel?

Answer 31

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

Question 32

What are the two types of trespass to chattel?

Answer 32

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

Question 33

What are the elements of conversion?

Answer 33

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.

Question 34

What are the acts of conversion?

Answer 34

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

Question 35

What are the remedies for conversion?

Answer 35

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

Question 36

Is consent a defense to intentional torts?

Answer 36

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?

Question 37

Explain express consent?

Answer 37

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.

Question 38

What is implied consent?

Answer 38

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.

Question 39

What is consent implied by law?

Answer 39

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

Question 40

Explain the capacity requirements.

Answer 40

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

Question 41

Explain exceeding consent given?

Answer 41

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

Question 42

When is self-defense possible?

Answer 42

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.

Question 43

What are the questions of self defense?

Answer 43

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.

Question 44

Is deadly force ever acceptable for protection of property?

Answer 44

No.