Torts I

Question 1

Transferred intent

Answer 1

d intended to hit but
Diff Consequence
Diff victim

D is liable

Question 2

Battery

Answer 2

Intent
D must cause a harmful or offensive contact
Contact has to be with the P’s person

Question 3

Assault

Answer 3

It is a reasonable apprehension that imminent harm or battery may occur. (An offensive or harmful contact to P’s person.)

Question 4

False Imprisonment

Answer 4

The D must commit an act of restraint and
P confined in a bounded area
P must be aware of confinement or be harmed.

*If there is a reasonable means of escape then the person is not bound.**

Failure to do something can be construed as confinement

Question 5

International Infliction of Emotional Distress

Answer 5

The conduct must be
1. Extreme and outrageous conduct
Conduct is outrageous when it exceeds all bounds of decency tolerated in a civilized society
Mere insults are not considered outrageous

Outrageous
Conduct is repetitive in nature
The defendant is a common carrier or innkeeper
P is a member of the fragile class
Young
Pregnant women
Elderly.
Target Known sensitivity is outrageous

Question 6

Trespass to land

Answer 6

Physical invasion - by person, by object
The intent of Trespass is to be where you are, not the intent to trespass.
to land

Question 7

Trespass to Chattels

Answer 7

It is the intentional act of a tortfeasor to interfere with the p’s right of possession in a chattel

Question 8

Affirmative defenses

Answer 8

Consent
Must have legal capacity

Express consent

Implied consent

You cannot use deadly force to protect property

Question 9

Necessity Defenses to property torts

Answer 9

Public necessity: D acts in an emergency to protect the community
It is an absolute defense

Private necessity
D acts in emergency to protect own interests
Limited or qualified defense
Must pay comp damages
but not liable for nominal punitive
Can remain as long as the emergency is apparent

Question 10

Negligence

Answer 10

Duty
Breach
Causation
Proximate- Foreseeability
Actual cause- But For
Damage

Question 11

last clear chance doctrine

Answer 11

The doctrine considers which party had the last opportunity to avoid the accident that caused the harm. Therefore, a negligent plaintiff may recover damages if they can show that the defendant had the last clear chance to avoid the accident.

Question 12

Regarding vicarious liability, which of the following statements is true?

Answer 12

A defendant may be both vicariously liable and directly liable in the same action

Question 20

Intentional Torts
Ga- Children under the age of 13 are not liable for Intentional torts

Answer 20

The ordinary reasonable person standard applies.
No incapacity defenses for Int’l torts