cueFlash

Glossary of Katharine Torts 1Midterm

Start Studying! Add Cards ↓

Created by katharine.j.m

Deck Info

Description

Tags

Recent Users

Intent-
purpose or desire
KWSC
Injury not intent but intent of act
Mistake does not negate


3 instances of Transferred Intent
Intends to commit tort against one person but instead commits a different tort.

Intended tort against a different person

Another tort against the wrong person.



5 Transferrable Torts
Battery
Assault
False Imprisonment
Trespass to Chattels
Trespass to Land





Motive
Impels a person to act to achieve a result, even though a defendant acts without hostile motive or desire he may be liable; drunks crazies and minors are liable.
How to establish Battery
Act: that causes harmful or offensive contact to the plaintiffs or persons.
Intent: to cause harmful or offensive contact not consented to.
Purpose & desire, KWSC
Result: the D has substantial responsibility for bringing about the injury. Directly or indirectly.


Establishing Assault
Act: An act by the Δ creating a reasonable apprehension in plaintiff of immediate harmful or offensive contact to the plaintiff’s person.
KWSC, Tran Int, children, crazies.
Intent: on the part of the Δ to bring about in the π apprehension of immediate harmful or offensive contact with the plaintiff’s person.
Result: Causation that the π feels apprehension of immediate harm to themselves or there persons’.




False Imprisonment
i. Act: An act or omission to act on the part of the Δ that confines or restrains the π to a bounded area.
Intent: On the part of the Δ to confine or restrain the π to a bounded area.
Children, crazies, KWSC
Result: Confinement was legally caused by the Δ acts or something set in motion thereby, either directly or indirectly.




Establish IIED
Act: by Δ amounting to extreme and outrageous conduct.
Intent: on part of Δ to cause π to suffer severe emotional distress, or recklessness as to the effect of Δ’s conduct.
Result: causation of the act and intent
Damages- severe emotional distress.




Add Cards

You must Login or Register to add cards