Torts - Adaptibar Flashcards
Is Battery an intentional tort?
Batter IS an intentional tort, and a defendant must be capable of forming the intent to commit the act of an offensive or harmful touching of the plaintiff’s person. (a mental intent is necessary)
Need a person intend that harm occur?
No, a person need only intend to do the act that causes the harm.
Absent intent, is there a cause of action for trespass?
No.
What is a prima facie case for trespass to land?
It consists of:
- an act of physical invasion of the plaintiff’s real property by the defendant;
- intent on the defendant’s part to bring about a physical invasion of the plaintiff’s real property; and
- causation
What is the intent required to show trespass?
The intent to put the cause into action.
Are children liable for their intentional torts?
Yes, when they are capable of forming the requisite intent.
What is the doctrine of transferred intent?
If a defendant has the requisite intent for the commission of a battery, his inadvertent touching of a third person will still result in battery
What may a plaintiff recover in a pure comparative rule jurisdiction?
The plaintiff may recover his full amount of damages, less the portion attributed to his own negligence.
What is the prima facie case for conversion?
- an act by the defendant interfering with the plaintiff’s right of possession in the chattel;
- intent to perform the act to bring about the interference with the plaintiff’s right of possession;
- causation; and
- damages
When does conversion occur?
When a defendant intentionally commits an act depriving the plaintiff of possession of her chattel or interferes with the plaintiff’s chattel in a manner so serious as to deprive the plaintiff use of the chattel.
What are damages for conversion?
The full market value at the time of the conversion.
When is a rescuer a foreseeable plaintiff?
A rescuer is a foreseeable plaintiff as long as the rescue is not done recklessly
When is the party being rescued liable?
The party being rescued is liable if he negligently puts himself or a third party in peril and the rescuer is injured attempting a rescue
What is the best defense against a negligence claim?
You should challenge one of the key elements of negligence: usually foreseeability.
What is a nuisance?
A tortious harm that interferes with either private property rights or public rights.
What is a private nuisance?
A substantial, unreasonable interference with another private individual’s use or enjoyment of property.
What is a public nuisance?
An act that unreasonably interferes with the health, safety, or property rights of the community.