Torts Flashcards
What is an act?
Volitional movement by defendant.
Define intent?
Either
specific-the goal in acting is to bring about specific consequences
General-the actor knows with substantial certainty that these consequences will result.
What is the general rule of transferred intent?
The transferred intent doctrine applies when the defendant intends to commit a tort against a person but:
- Commits a different tort against that person
- Commits the same tort against a different person
- Commits a different tort against a different person
What are the only torts that involve transferred intent?
Both the tort intended and the one committed must be:
- Assault
- Battery
- False imprisonment
- Trespass to land
- Trespass to chattels
Is everyone capable of intent?
Everyone is capable of intent. Young children, or mentally incompetent will be liable for intentional torts.
What is causation?
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.
What are the elements of intentional torts?
It must be an
- Act
- Intentional-specific or general
- There must be causation.
What are the elements of battery?
- Harmful or offensive contact
- to a plaintiffs person
3 must have intent and causation
How is harmful or offensive contact judged?
Harmful and offensiveness are judged by a reasonable person standard.
When is a contact considered offensive?
Contact is considered offensive only if it has not been consented to however consent will be implied for ordinary contacts of everyday life.
What is a direct or indirect contact
Contact can be direct (as in striking) or indirect (as in setting a trap for plaintiffs to fall into)
What is a plaintiffs person?
A plaintiffs person includes anything connected to the plaintiff example clothing or a purse.
What are the elements of assault?
- An act
- by defendant
- creating a reasonable apprehension in plaintiff of immediate harmful or offensive contact to plaintiff’s person.
Is apprehension fear?
No apprehension is not fear.
Is an apparent ability sufficient to cause apprehension?
Yes if defendant has the apparent ability to commit a battery this will be enough to cause a reasonable apprehension.
Are words alone sufficient to create liability For assault?
No words alone are not sufficient for defendant to be liable the words must be coupled with conduct.
Explain the requirement of immediacy (assault) ?
Plaintiff must be apprehensive that she or he is about to become the victim of an immediate battery
What is false imprisonment?
False imprisonment is an act or omission (intentional not act) on the part of defendant that confines or restraints plaintiff to a bounded area
What are the sufficient acts of restraint?
Sufficient acts include 1. physical barriers 2. physical force 3. threat of force 4. failure to release and 5.invalid use of legal authority
What are the insufficient method of confinement or restraint?
Moral pressure and future threats.
Is it relevant how short the period of time confinement is?
It is irrelevant how short the period of time confinement is.
Must plaintiff know that they are being confined under false imprisonment torts?
Yes plaintiff must know of the confinement or be harmed to be liable for a tort of false imprisonment.
Explain a bounded area?
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.
What is an intentional infliction of emotional distress?
An act by defendant amounting to extreme and outrageous conduct that is reckless and causes severe emotional distress
Explain the term of art extreme and outrageous conduct?
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.
Which is the only intentional tort that requires damages?
Intentional infliction of emotional distress is the only intentional tort to the person that requires damages
What are the elements of trespass to land?
Physical invasion of plaintiffs real property.
Define physical invasion?
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.
Explain real property
Real property includes not only the surface but also the airspace and subterranean space for reasonable distance.
Does defendant need to know that they were trespassing in order to satisfy the intent requirement?
No defendant does not need to know if defendant enters a particular piece of land that belongs to another he is in fact trespassing.
Define trespass to chattel?
In act by defendant that interferes with plaintiffs right of possession in a chattel.
What are the two types of trespass to chattel?
It may be Intermeddling (for example damaging the chattel) or disposition (example depriving plaintiffs of his lawful right of possession of the chattel)
What are the elements of conversion?
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.
What are the acts of conversion?
- Wrongful acquisition ( or theft )
- Wrongful transfer
- Wrongful detention
- Substantially changing, severely damaging, or misusing a chattel.
What are the remedies for conversion?
Plaintiff may recover damages for Fairmax market value at the time of conversion or
possession of the chattel.
Is consent a defense to intentional torts?
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?
Explain express consent?
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.
What is implied consent?
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.
What is consent implied by law?
Consent implied by law arises when an action is necessary to save a persons life or some important interest in a person or property.
Explain the capacity requirements.
Individuals without Capacity are deemed incapable of consent example incompetents, drunken persons, or very young children.
Explain exceeding consent given?
Defendant exceeds the scope of consent and does something substantially different he may be liable
When is self-defense possible?
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.
What are the questions of self defense?
- The questions are is the privilege available?
The tort must be about to be committed already committed torts do not qualify. - is a mistake permissible as to whether what is being defended against is actually committed
- and was a proper amount of force used.
Is deadly force ever acceptable for protection of property?
No.
