- 3 bases of tort liability
- - intentional tort
- negligence
- strict liability - A, holding a gun to B's head, tells B that, unless B submits to certain contact, A will shoot him. B fully understands the consequences of consenting.
- Consent Invalidated by Duress
- Assault (elements)
- - intent to cause apprehension of an imminent battery
- apparent, present ability to bring about the contact
- resulting in apprehension of an imminent battery - Assault - plaintiff's burden of proof
- - must prove defendant's apparent ability to carry out battery (actual ability not required)
- threat of future action is not imminent
- words alone are not assault - Assault - words alone?
- No.
- Battery (elements)
- - intent to cause contact that is harmful or offensive
-to the plaintiff's person or to a logical extension
- harmful or offensive contact results - Battery - actual dmg necessary?
- No.
- Battery w/o assault?
- Yes - sleeping
- Consent Invalidated by...
- 1. Fraud
2. Duress
3. Lack of capacity - Defenses to Intentional Tort
- 1. Consent
2. Self-Defense
3. Defense of Others
4. Defense of Property
5. Recovery of Property
6. Necessity - Doctrine of Mistake
- liable for damages caused by mistake - mistake does not negate intent
- Elements of Negligence
- 1. Duty
2. Breach
3. Causation
4. Damages - Elements of Self-Defense
- 1. Imminent threat of great bodily injury or death of self or others, or the commission of a violent felony.
2. No reasonable means of escape.
3. - False Imprisonment(elements)
- - intentional, unlawful confinement of plaintiff without consent
- by force or threat of force
- w/in boundaries established by defendant with no reasonable means of escape
- awareness of confinement - Insanity (intentional torts)
- insanity is not a defense - still liable
- Intent (general vs. specific)
- - general - substantially certain that consequences will follow from acts
- specific - desire consequences of act - Intent (general)
- - do not need to intend injury, only act
- no contact is intentional if it is not the result of a voluntary act
- extent of injury is NOT RELEVANT to actor's intent
- children can be liable for intentional tort if they posssess requisite intent to commit the act - Intent (single vs. dual)
- single - intent to cause contact which a reasonable person would consider harmful or offensive
- dual - intent to cause contact and intent to cause harm or offense - Intentional tort
- intentional conduct that is harmful or offensive to another or instills a reasonable apprehension of fear that such conduct will occur
- Negligence
- conduct creating an unreasonable risk of harm
- Plaintiff must prove for liability (1 of 2)...
- 1. the intention was unlawful
2. the defendant was at fault - Qualification of Necessity
- 1. You mat take another's property to save your own, but you must pay for damages you cause.
This defense applies only to private property.
3. Private Necessity: you may take another's property but you will have to pay for it.
4. Public Necessity: You may not have to pay for it.
5. Necessity requires emergency situation - Qualifications of Defense of Property
- 1. Cannot use deadly force to protect property; we value human life more than property
2. People have a right to reasonably defend their property.
3. If someone is breaking into your dwelling you do not have to wait to see if an attack is imminent before you use deadly force. - Qualifications to Recovery of Property
- 1. In general, one who has last a chattel must resort to legal resort to recover it.
2. Once the sense of immediacy is lost, so is the privilege.
3. The party seeking to recover chattel must be right; if he is mistaken, this privilege is not available.
4. Unless otherwise agreed, a secured party has on default the right to take possession of collateral without judicial process if it can be done without disturbing the peace. - reasonably foreseeable consequences
- liable for reasonably foreseeable consequences,though the exact results/dmgs were not contemplated
- Respondeat Superior
- employer is liable for injury to person/property of another proximately resulting from acts of employees done w/in scope of employment in the employer's service
- Strict liability
- conduct that is neither intentional nor negligent but that subjects the actor to liability b/c of public policy
- Transferred Intent
- - transfers from tort to tort and from person to person
- five torts
1. assault
2. batttery
3. false imprisonment
4. trespass to land
5. trespass to chattels - Types of Consent
- 1. Apparent Consent
2. Presumed Consent
