Conviser Torts
Terms
undefined, object
copy deck
- itent requirement for intentional torts
- specific intent or general intent
- specific intent
- the goal in actin gis to bring about the specific consequences
- general intent
- actor knows with substantial certainty that the consequences will result
- transferred intent may be invoked only if both the tort intended and the tort that results are:
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assault
battery
false imprisonment
trespass to land or
trespass to chattels - general rule of transferred intent
- intent to commit a certain (intentional) tort against one person is transferred to the tort actually committed or to the person actually injured for the purposes of extablishing a prima facie case for an intentional tort
- Is incapacity a defense to an intentional tort?
- No, even children and mentally incompetant people are laible for their intentional torts since everyone is capable of intent
- test for causation for intentional tort
- defendant's conduct was a substantial factor in bringing about the injury
- Prima Facie case for battery
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1. harmful or offensive contact
2. to plaintiff's person
3. intent
4. causation - definition of plaintiff's person for prima facie case of battery
- anything connected to the plaintiff
- standard for "harmful or offensive contact" for prima facie case of battery
- reasonable person standard
- Must contact be direct to satisfy the prima facie element for battery?
- No. indirect or direct contact qualifies
- Prima Facie case for Assault
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1. act by D. creating reasonable apprehension in P.
2. of immediate harmful or offensive contact to P.'s person
3. intent
4. causation - Apparent Ability rule for assault
- if the D. has the apparent ability to commit a battery, this is enough to create a reasonable apprehension
- _________ alone are not sufficient to satisfy a prima facie case for assault.
- WORDS
- Do words coupled with conduct always rise to the level of reasonable apprehension for assault?
- no. accompanying words can negate reasonable apprehension that would come from the conduct alone
- prima facie case for false imprisonment
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1. act or omissio on the part of D. that confines or restrains P.
2. to a bounded area
3. intent
4. causation - 5 examples of sufficient methods of confinement or restraint for prima facie case of false imprisonment
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1. physical barrier
2. physical force
3. threats of force
4. failure to release
5. invalid use of legal authority - 2 examples of insufficient methods of confinement or restraint for prima facie case of false imprisonment
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1. moral pressure
2. future threats - Is there a minimum time limit on confinement for false imprisonment?
- no. it is irrelevant how short the period of time is
- To satisfy a prima facie case for false imprisonment, the plaintiff must _________ of the confinement or be ____________ by it.
- know; harmed
- What is a bounded area? (prima facie case for false imprisonment)
- an area where freedom of movement is limited in all directions and from which there is no reasonable means of escape know to the P.
- Prima Facie case for Intentional Infliction of Emotional DIstress
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1. act by D. amounting to extreme or outrageous conduct
2. intent or recklessness
3. causation
4. damages - severe emotional distress - Intentional Infliction of Emotional Distress: conduct that is not noramlly outrageous may become so if ....
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1. it is continuous,
2. it is directed toward a particular type of plaintiff, or
3. it is committe by a certain type of defendant - 4 types of protected plaintiffs under intentional infliction of emotional distress
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1. children
2. elderly people
3. pregnant women
4. supersensitive adults if known to the D. - 2 types of suspect defendants under intentional infliction of emotional distress
- innkeepers and common carriers - may be liable for mere "gross insults"
- Alternative prima facie case for bystander claiming intentional infliction of emotional distress
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1. bystander waws present when injury occurred
2. bystander is a close relative of the injured person
3. defendant knew of the previous 2 elements - 3 intentional torts to property
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1. trespass to land
2. trespass to chattels
3. conversion - Prima facie case for trespass to land
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1. physical invasion or plaintiff's real property
2. intent
3. causation - for the prima facie case of trespass to land, invasion may be by a __________ or an _________.
- person; object
- In addition to the surface, the real property element of trespass to land includes ....
- airspace and subterranean space of which the owner could make a reaosnable use
- itent element for prima facie case of trespass to land
- D. need only intend to enter the land; he need not know that the land was private
- Prima facie case for trespass to chattels
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1. act by D. that interferes with P.'s right of possession in a chattel
2. intent
3. causation
4. damages - 2 types of interference which satisfy the prima facie case for trespass to chattels
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1. intermeddling
2. dispossession - Prima Facie case for Conversion
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1. act by D. that interferes with P's right of possession in a chattel
2. seriousness of the act requires D. to pay full value of the chattel
3. intent
4. causation - Limitations on consent as a defense to intentional torts
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1. majority view: cannot consent to criminal act
2. consent must be valid
3. D. must stay within the boundaries of the valid consent - Express consent induced by fraud is not a defense to an intentional tort if ....
- if goes to an essential matter, not a collateral matter
- When will mistake undo express consent as a defense to an intentional tort?
- if the D. knew and took advantage of the mistake
- Express consent obtained by duress will be invalidated as a defense to an intentional tort unles ...
- the duress is only threats of future action or future economic deprivation
- Is capacity necessary for consent?
- yes
- When a person _______ ________ that he is being or is about to be attacked, he may use such force as is _________ _________ to protect against injury.
- reasonably believes; reasonably necessary
- What kind of mistake is allowed for self defense?
- a reasonable mistake as to the existence of the danger
- Modern trend for self defense imposes a duty to retreat before using DEADLY force unless:
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1. retreat cannot be done safely
2. the actor is in his home - When can one use force to defend another?
- when the actor reasonably believes that the other person could have used force to defend himself
- What kind of mistake is allowed for defense of others?
- a reasonable mistake as to whether the other person is being attacked or has a right to defend himself
- one may use __________ force to prevent the commission of a tort against her real or personal property.
- reasonable
- prerequisite for using reasonable force to prevent the commission of a tort against real or personal property
- request to desist or leave, UNLESS such a request clearly would be futile or dangerous
- When can one use reasonable force to potect proeprty after a tort has been committed against the property?
- only when in hot pursuit of another who has tortiously dispossessed the owner of his chattels
- What mistkaes are allowed in use of force to protect property?
- reasonable mistake as to whether an intrusion has occurred or whether a request to desist is required
- What mistake is specifically disallowed for use of force to protect property?
- mistake as to whether the entrant has a privilege that supersedes the defense of property right, unless the entrant leads the D. to reasonably believe there is not a privilege
- When can force causing death or serious bodily harm be used to protect property?
- only if the invasion of property also entails a serious threat of bodily harm
- force may be used to recapture a chattel only when ....
- in hot pursuit of one who has obtained possession wrongfully
- One may recapture a chattel from a tortfeasor or ______________; not _____________.
- a 3rd person who knew or should have known that the chattels where tortiously obtained; an innocent party
- When does one have privilege to enter a wrongdoer's land to reclaim a chattel?
- at a reasonable time; in a reasonable manner; and after making demand for return of the chattels
- When does one have privilege to enter the land of an innocent party to claim his chattels?
- at a reasonable time; in a reasonable manner; after the landwoner has been given notice of the presence of the chattel and has refused to return it
- Will a person who enters the land of an innocent part to reclaim his chattels be laible for damages?
- yes, for actual damage caused by the entry
- When does one have privilege to enter the land of another to reclaim his chattles which are there due to his own fault?
- never; owner can recover the chattels through legal process only
- Generally, what mistake is allowed regarding a defendant's right to recapture chattels or enter the land?
- none
- Special privilege for shopkeepers regarding recapture of chattels
- may have a privilege to detain for a reasonable period of time individuals whom they reasonably believe to be in possession of shoplifted goods
- How much force may be used to recapture chattels?
- reasonable force; not force sufficient to cause death or serious bodily injury