Glossary of Torts-Harrington
Created by halogenlamps
- Elements of Negligence
- 1. Duty
- 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
3. Defense of Others
4. Defense of Property
5. Recovery of Property
- Consent Invalidated by...
- 1. Fraud
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.
- 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
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?
- 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?
- 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
- 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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