Torts MBE Flashcards
What are the two key elements of Intentional Torts?
- Act – Voluntary
2. Intent – purposeful; D knows consequence is substantially certain.
What are the elements of Battery?
- Harmful or offensive contact.
- To person of another (anything connected to it)
- Causation (direct or indirect)
- D’s intent (Transferred intent applies)
What are the elements of assault?
- Conduct
- P must have reasonable apprehension and awareness of D’s act.
- Imminent threat of harm.
- Intent (transferred intent applies)
What are the elements of intentional infliction of emotional distress?
- Intent or recklessness
- Extreme or outrageous conduct by D
- 3rd party liability
- Causation (Substantial factor test)
- Damages – severe emotional distress.
What are the elements of the tort of false imprisonment?
- Intent to confine or restrain; confinement; victim is conscious of the confinement or harmed by it.
- Remember the shopkeeper’s rule where reasonable detention of suspected shoplifter not false imprisonment.
What are the elements of a trespass to chattels claim?
- Intentional interference with P’s right of possession.
- Only the intent to do act is necessary.
- Mistake is not a defense.
4 Damages (actual amount or the loss of use) - Remedy (compensation for diminished value or cost of repairs.
What are the elements of conversion?
- Intentional Act
- Interference with P’s right of possession.
- So serious that it deprives P of the use of the chattel.
- Damages (full value or replevin)
What are the elements of a trespass to land claim?
- Intent to enter land or cause physical invasion
- Physical Invasion of Property
- Necessity as defense
What are the elements of a nuisance claim?
The substantial and unreasonable interference with another’s use or enjoyment of his land.
What are the elements to a negligence claim?
Failure to exercise care a reasonable person would exercise; breach of duty to prevent foreseeable risk of harm; breach causes the plaintiff’s damages.
