Torts Midterm Flashcards
Battery
The intentional interference of one person to another that causes harm
A person is liable for battery if he acts with intent to cause harmful or offensive contact to intended person or third person, and a harmful or offensive contact results.
What are the elements of battery?
Act - voluntary movement/external manifestation of will
intent - purpose or desire or knowledge of substantial certainty that result will arise
result - directly or indirectly results in harmful or offensive contact
Assault
The intentional interference of one person to another that causes an imminent apprehension of harmful or offensive contact
A person is liable for assault if he acts with intent to cause an imminent apprehension of harmful or offensive contact to intended person or third person, and a imminent apprehension results.
Battery - Contact
contact is harmful if it causes physical detriment or alteration to body or something that is closely associated with the body
contact can occur with matter participles (i.e. smoke).
Battery Policy
everyone has a right to bodily autonomy - free from interference of other
Policy Reasons
Discourage private vengeance
Set standards
Compensate P for losses
Distribute economic burden
Deter wrongful behavior
Punish wrongdoers
Assault Policy
Every person has right to feel secure
What are the elements of assault?
Act - over conduct is necessary, words alone is not enough/voluntary movement/external manifestation of will
intent - purpose or desire or knowledge with substantial certainty that an imminent apprehension will occur
result - an imminent apprehension is put on the intended person or third person
Trespass to real property
Unauthorized entering, remaining or putting object on someone’s land.
No moral culpability
pretty much strict liability
Elements of Trespass to Real Property
Act - without authorization: enter’s P’s land or remains on P’s land or put an object on P’s land
intent - to enter ,remain, or put an object on P’s land
Result - unauthorized entering, remaining, or putting object on P’s land
irrespecftive of whether he causes harm to any legally protected interest of hte other
Trespass to real property policy
every person has a right to exclude others from his or her property
does not require harm
even in an emergency
Trespass to chattel
A person interferes with another’s chattel resulting in dispossession, impairment, deprivation for a substantial time, or harm,
A person is liable for trespass to chattel if they dispossess, use or intermeddle with the chattel for a substantial time or harm or dispossess, use, or harm to a legally protected interest
May be actionable even though the chattel’s physical condition is not impaired when the act occurs
Trespass to chattel/conversion Dispossess
Take out of P’s possession
Trespass to chattel conversion use
deprive of for a substantial period of time
intermeddle
intentionally damage
Conversion
When a person exercises dominion or control over P’s chattel that so seriously interferes with P’s right to control it that the actor may be required to pay the full value of chattel
Elements of Conversion
Act: dominion or control over chattel
Intent: to exercise dominion or control over P’s chattel that so seriously interferes with P’s right to control it that the actor may be required to pay the full value of cahttel
result: serious interference
Trespass to chattel/conversion policy
every person has a right to dominion and control over his or her possessions (tangible and moveable objects)
False Imprisonment
an intentional act or omission that confines or restrains a person to a bounded area and causes harm
elements of false imprisonment
Act: of confining another within a bounded area fixed by the actor
intent: purpose or desire to confine another within a bounded area and it has to actually be confined
result: not just confining, but have to be aware that you have been confine and/or be harmed by confinement
policy for false imprisonment
every person has a right to liberty of movement
methods of confinment
Physical barriers
Force
Threat of force (on person, family or property)
Omission
False arrest
bounded area
a place that restricts the π’s movement in all directions and has no reasonable means of escape
Restraint for false imprisonment
no reasonable means of escape
can be non-violent
must be an immediate threat
shopkeeper’s privilege
if reasonable belief that P has stolen something, D may detain in reasonable manner, for reasonable amount of time
Privileges
Consent (express or implied)
self defense
defense of property
necessity
Privilege of Self defense Elements
Proportionate force only (deadly v non-deadly)
to prevent imminent attack
subjective belief and objectively reasonable fear of harm
unprovoked
no duty to retreat (restatement private castle privilege for deadly force - should try to retreat unless in dwelling, unless it’s both people’s dwelling
the privilege of defense of other (derivative)
the privilege to use force to defend a third person onl exists when the person being defended is privileged to use force
if you are mistaken about it, then no privilege
the privilege of defense of others (independent)
the privilege to use force to defend a third person exists independently from the person being defended
if there is a mistake, still privilege, but must be objectively and subjectively reasonably
Defense of property
An actor is privileged to use force, not intended or likely to cause death or serious bodily harm, to prevent intrusion upon the actor’s land or chattels, if
intrusion is not privileged
actor reasonably believes that the intrusion can be prevented or terminated by such force
actor first requested the other to desist and the other disregarded or actor believes that request will be useless or substantial harm will be done before it can be made
Elements for privilege to use non-deadly force of one’s property
force used is not likely to cause serious injury
defendant had a reasonable belief force was necessary
plaintiff disregarded request to leave
mechanical devices not allowed - only when actor would be privileged to do so were he present
IIED Elements
Act: Extreme and outrageous conduct
intent: purpose or desire or knowledge of substantial harm or recklessly cause severe emotional distress
result: severe emotional distress
IIED Policy
right to be free from intentional invasion of emotional tranquility
Defense of consent
implied or expressed
implied - can be informed consent too
invalidate consent as a defense
beyond scope (medical treatment - if it’s beyond what you expressly consented, then it is beyond scope)
fraud/duress
incapacity
illegal/crime
