Torts UBE Flashcards
Intentional Torts Involving Personal Injury
In General
- ______
- ______
- ____ = __________
- _____ = _________/ ________________
- Act
- Intent
- act = voluntary
- intent = purposeful/ D knows harm substantially certain to occur
Battery
- ______
- ______
- ______
-_______ _________; _________
- ________________
- _______ _____ ______ : ___________
- _______ _______ ________
- intentional
- harmful or offensive contact
- to plaintiff
- objective standard; no actual harm required
- can be anything connected to person
- single-intent rule: only needs to intend contact, no need to intend harm or offense
- transferred intent applies
Assault
- ____________________
- ____________________
- _____ _____ ______ ______
- P must ______ and _________
- ________ _______ applies
- intentional act by D to cause apprehension of imminent harm or offensive contact
- resulting in P’s apprehension of imminent harm or offensive contact
- mere words not enough
- P must be aware of act and believe D can commit act
- transferred intent applies
IIED
- _ ______ or _________
- _______ and ____________ ___________
- __________ ___________ ___________ ___________
- __________ ________ ___________
- conduct ___________ or ________________
- severe emotional distress _____________ or _________________
- third party: ______________ or ______________
- public vs. private figures
- Intentional/reckless
- extreme and outrageous conduct
- caused severe emotional distress and
- resulted in P’s actual severe emotional distress.
- conduct beyond human decency, outrageous
- distress beyond reasonable person’s endurance or D knows P’s sensitivity
- third party: family (no injury necessary), bystander (injury necessary)
-Public figures must show falsity & actual malice; Private figures can’t recover if issue of public concern
False Imprisonment
- ___________
- ___________
- ___________
-examples
- when is actual damage necessary for a prima facie case?
- _______ Privilege:
- intentionally acts
- confine P to fixed boundaries; and
- P conscious of confinement/harmed by it
- e.g. physical barriers, force, threats, invalid use of legal authority, duress, not providing means of escape
-Actual damage necessary only if unaware
*Shopkeeper’s Privilege: reasonable detention of suspected shopkeeper
Transferred Intent Doctrine
when does it apply?
how can intent to harm one party be transferred?
1.____
2._____________________ either
a.__________ or
b.__________
Applies to BAFTT torts (Battery, Assault, False Imprisonment, Trespass to Land, Trespass to Chattel)
Transferred when:
1) The defendant had the intent to commit a tort against one particular individual; AND
2) If in the act of trying to accomplish that tort either:
a. commits a different tort against that person; OR
b. another party is injured.
Trespass to Land
1.
2.
a.
b.
c.
d.
*what is minimum sufficient intent?
- intentionally,
- either:
a. enters land in possession of another;
b. causes object/3rd person to enter;
c. remains on land; or
d. fails to remove object under duty to remove
- only intent to enter land is necessary
Trespass to Chattels
1.________
2. _________
Damages: if intermeddling? if dispossession?
Is mistake a defense?
Minimum sufficient intent?
Does transferred intent apply?
(1) intentionally interferes w/ another’s personal property; and
(2) amount of damage is small
Intermeddling:
When D damages the chattel.
Dispossession:
When D deprives P of lawful right of possession.
Damages:
Actual. Loss of use only if dispossession.
Mistake NOT defense.
(Only intent to do act necessary)
Transferred intent does not apply.
Conversion
1._____
2._____
3.______
Intent?
Seriousness test:
Damages?
(1) Causes or substantial factor;
(2) Interference with P’s right of possession (dominion/control);
(3) So serious that it deprives P entirely of use of the chattel;
With S/G intent.
Seriousness Test:
Duration/Extent; Intent to assert dominion; D’s lack of good faith; Extent of harm and P’s inconvenience.
Damages:
Full value or Replevin
Private Nuisance
1._______
2._______
3._______
Interference:
1_____, 2_______, 3________, or 4_________
Substantial:
Unreasonable: _________ > ______________
Remedies: ___________ or ______________
Abatement:
(1) Causes or substantial factor;
(2) Substantial and unreasonable interference;
(3) With P’s use and enjoyment of their land.
Interference:
Must be (1) Intentional; (2) Negligent; (3) Reckless; or (4) Result of abnormally dangerous activity
Substantial:
Offensive to reasonable person.
Unreasonable:
Injury > Usefulness
Remedy is damages or injunction.
Abatement:
Reasonable force permitted; Must give D notice and D refuses to act.
Public Nuisance
1._______
2._______
Proper P:
Abatement:
Defenses:
-__________
-__________
(1) Causes or substantial factor;
(2) Unreasonable interference with a right common to the general public
Proper P:
P must suffer unique/different kind of harm from general public.
Abatement:
Public Authority
Defenses (Public or Private):
-Regulatory Compliance
(Incomplete; Admissible but not determinative)
-Coming to Nuisance
(Not determinative, but jury may consider)
Intentional Tort Defenses
Philips Pretty Cats Sleep-Daily And Nightly
Philips Pretty Cats Sleep-Daily And Nightly
Parents
Property
Consent
Self-Defense/Defense of Others
Arrest
Necessity
Defense of Parental Discipline
A parent or educator may use reasonable force or confinement as is necessary to discipline a child.
Defense of Property
An individual may use _________ ________ to ________ an ________ from the ___________ ________ or to _________ the ___________ for a _________ ________.
May be used to:
(1) Prevent _______ ________ to __________;
(2) ________ ________ (__________)
(3) Prevent ___________, unless d acts out of ___________
(4) NO _______ _________ allowed
An individual may use reasonable force to remove an intruder from the individual’s home or to restrain the intruder for a reasonable time.
May be used to:
(1) Prevent tortious harm to property;
(2) Recapture chattel (witnessed)
(3) Prevent intrusion
(4) NO deadly force allowed
Defense of Consent
(1) Consent must be ________ (No _______, _______, ________, ________ __________).
(2) Defendants _________ must be _________ the _______ of the __________.
(3)Express or _________ through ________ or ________.
(1) Consent must be valid (No fraud, duress, mistake, incapacitated consenter).
(2) Defendants conduct must be within the bounds of the consent.
(3) Express or Implied through words or conduct.
Defense of Self-Defense
A person who ________ believes himself (or others) to be ____________ with __________ _________ _________ may use whatever _________ of _________ is ___________ ___________ to _________ himself or or others.
(1) __________ _________;
(2) ___________ ___________ force (deadly only if ________ _______ injury/_______);
(3) Reasonable ________ is allowed;
(4) ________ ___________ cannot claim self defense, unless ______ _______ __________ to ________ _________.
A person who reasonably believes himself (or others) to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect himself or or others.
(1) Reasonable belief;
(2) Reasonably necessary force (deadly only if serious bodily injury/death);
(3) Reasonable mistake is allowed;
(4) Initial aggressor cannot claim self defense, unless other party escalated to deadly force.
Defense of Privilege to Arrest
Generally _________ by __________, but more likely to occur when crime is _________ (a ______) and if the defendant _________ __________ the ________ when making the ________.
Generally regulated by statute, but more likely to occur when crime is serious (a felony) and if the defendant directly observed the crime when making the arrest.
Defense of Necessity
A person may commit an _________ _________ _______ if that person is acting to ________ himself or others from a ___________ ________ or other ______ ______.
(1) Private:
Defendant must pay ______ ________.
Landowner may not use _______ to ________.
(2) Public:
Defendant’s act done for _______ ________.
_______ liable for _____ damages.
A person may commit an otherwise tortious act if that person is acting to protect himself or others from a threatened injury or other severe harm.
(1) Private:
Defendant must pay actual damages.
Landowner may not use force to exclude.
(2) Public:
Defendant’s act done for public good.
Not liable for any damages.
Negligence
________ to _______ the ______ that a ______ _______ person would exercise in ________ _________.
_________ of the _______ to prevent __________ risk of ______ to anyone in P’s position. The breach must be the _______ of P’s injuries.
(1) _____:
__________ to _________ _________ against __________ risk of ________.
(2) ________:
_________ to _________ that obligation.
(3) ________:
Close ________ connection between _______ and ________.
(4) _________:
_______ suffered.
Failure to exercise the care that a reasonably prudent person would exercise in like circumstances.
Breach of the duty to prevent foreseeable risk of harm to anyone in P’s position. The breach must be the cause of P’s injuries.
(1) Duty:
Obligation to protect another against unreasonable risk of injury.
(2) Breach:
Failure to meet that obligation.
(3) Causation:
Close causal connection between action and injury.
(4) Damages:
Loss suffered.
Negligence: Duty
Owed to all foreseeable persons who may be injured by D’s failure to meet reasonable standard of care.
(1) Failure to Act:
Generally no duty unless by law, relationship, or activity (caused harm; initiated rescue).
(2) Foreseeability of harm to P:
(a) Cardozo: Liable to P’s within zone of foreseeable harm.
(b) Andrews: If D can foresee harm to anyone resulting from negligence, D owed duty to everyone harmed (foreseeable or not)
*Special foreseeable P’s: Rescuers
D liable for negligently putting rescuer/rescued party in danger.
