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Glossary of Torts-Harrington

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Created by halogenlamps

Elements of Negligence
1. Duty
2. Breach
3. Causation
4. Damages


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


Defenses to Intentional Tort
1. Consent
2. Self-Defense
3. Defense of Others
4. Defense of Property
5. Recovery of Property
6. Necessity




Consent Invalidated by...
1. Fraud
2. Duress
3. Lack of capacity

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
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.

Intent (general vs. specific)
General Intent - Acts with knowledge that the consequences are substantially certain to result

Specific Intent - Acts with purpose

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





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
Doctrine of Mistake
liable for damages caused by mistake - mistake does not negate intent
Insanity (intentional torts)
insanity is not a defense - still liable
reasonably foreseeable consequences
liable for reasonably foreseeable consequences,though the exact results/dmgs were not contemplated
Battery (elements)
-Intent to cause contacts that is harmful OR offensive

-Offensive Contact - Violation of personal dignity

-According to a reasonable person



In BATTERY cases, are actual damages necessary?
No.
Battery w/o assault?
Yes - sleeping
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.

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 - words alone?
No.
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

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
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
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


Battery (case law) Brzoska and Fisher
Battery can cause harm later (HIV threat, however, not enough)

Offensive contact extends to clothing, cane, anything possessively held

Hypo: Tapping the shoulder of lady brings back terrible rape memories. Battery?
No. A reasonable person would not find tap on shoulder harmful or offensive.

UNLESS the shoulder tapper KNEW the harm would result

Shopkeeper's Privilege elements (Defense to False Imprisonment)
1. Reasonable belief that the person has stolen or attempted to steal property
2. Detention for a reasonable time
3. Detention for a reasonable manner

IIED (Intentional Infliction of Emotional Distress) Elements
1. Conduct must be acted in an intentional or reckless manner
2. Conduct must be extreme and outrageous
3. P must suffer from SEVERE emotional distress

Trespass to Land
Intentional entry on to land of another without permission.

Recklessness does not qualify as intent in trespass cases

Hypo: A man driving a speeding car loses control and spills onto P's property. Trespass?
No. Trespass must be intentional
Trespass (case law) Smith and Rogers
Smith - Owner of property owns what's over and under land (to an extent).

Rogers- Consent to trespass can be limited to time, date, and area. Restatement includes a "Failure to Remove" clause.

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