Torts Final Flashcards
Rules
Intentional Tort
Battery
A person who intends to cause reasonable h/off direct or indirect contact [or the apprehension of] and that contact occurs
Intentional Tort
Offensive
Injurious to a persons sense of dignity
Intentional Tort
Intent
Has purpose to cause or knows to a substantial certainty that this is likely to occur
Intentional Tort
Transferred intent
A person intending to cause one tort but another tort occurs. (e.g. assault to battery)
A person intends a tort on one person but accidentally occurs to someone else
Intentional Tort
Assault
A person intends to cause the reasonable apprehension of imminent h/off contact and such apprehension occurs
Intentional Tort
False imprisonment
A person intends to confine another for another in a confined area by the:
- use of force
- threat of force
- False assertion of authority
- Duress
and that confinement is :
* for an appreciable amount of time
* either the person has knowledge or is
* harmed by the confinement
* WITHOUT Consent
If you can easily walk out or leave confined are = NO False Imprisonment
Affirmative Defense
Consent
- Dual natured - Can be violation of P’s consent or an affirmative defense by D
- Has a scope
- Can be withdrawn
- Verbal or implied
Who cannot consent:
* Kids
* incapactitated people
* Anyone under duress
Affirmative defense
Self Defense
- Must fear threat to personal safety
- Cannot be excessive
- Words alone not enough to justify
Grimes v Saban
Negligence
Duty
Generally
- Engaging in RCC that could foreseeably cause harm.
- RPP standard = Also RPP standard for someone with expertise of special knowledge, physical disability
- NO change for Mental disability
- Kids doing kid stuff = No duty
Negligence
Duty - relationship to property entrants
Landowner Premise Liability
- Invitee - duty
- Liscencee - duty to not “willfully or wantonly hurt them”
- Trespassers - generally no but if they are hurt b/c of dangerous condition then duty to summon aid
CA Rule exception - Rowland (faucet)
* duty of reasonable care to all entrants
Duty
Duty to Rescue
Special relationships
- Parent-child
- Teacher-student
- Employer-employee
- Hotels-guest
- Common-carrier-passenger
o E.g., bus, train, plane - Business-invitee
- Hospitals-patient
- Landlord-tenant
- Custodian-custodee
o E.g., jailor-inmate
THE WHY
* Superior ability to protect
* reduced ability to protect themselves
Duty
Duty to Rescue
When should you?
- Created one’s peril
- Continuing risk of harm - hitting a deer
- Voluntarily undertaking to act - Don’t leave them worse off
- Passenger duty - Podias DD accident (they took action to prevent)
Duty
Duty to Protect against 3rd Party
Relationships
- School - student
- Hotel- guest
- Custodial relationships
- businesses
- Employer - employee
- Common carriers/passengers
- landlord - tenant
THE WHY?
* They have special knowledge
* Reliance by victim
* Benefitting from the victim
Duty
Landowner 3rd Party Protection Tests / Policy
- Landlords - if voluntarily undertaken but negligent
- Parking lots - Posecai (B<PL)
Foreseeability Tests
* PSI - recency, frequency, similar crimes
* Totality of circumstance - more expansive
* Balancing TOC ++ = B<PL
CA Duty
* LL have duty to tenants to provide reasonably security and maintain
* LL liability for dangerous animal/threatening neighbor
Duty
Duty to Control
Special relationships
- Prison/halfway houses - prisoner
- Employers -employees (in the scope of duties)
- NO Spouses
- Medical Professionals - pose a serious danger to foreseeable victim (Tarasoff rule)
