Bar Exam Intentional Torts Flashcards

Front 1

What are the elements of assualt?

Back 1

1) An act by D creating reasonable apprehension in P;
2) of immediate harmful or offensive contact to P's person;
3) intent
4) causation

Front 2

What are the elements of battery?

Back 2

1) Harmful or offensive contact;
2) to P's person;
3) intent;
4) causation

Front 3

How is the offensive element judged for battery?

Back 3

According to a reasonable person standard

Front 4

What are the elements of False Imprisonment?

Back 4

1) An act or omission by D that confines or restrains P;
2) to a bounded area;
3) intent
4) causation

Front 5

What are the methods of false imprisonment?

Back 5

1) Physical force
2) physical barriers
3) failure to realease
4) threats of force
5) invalid use of legal authority

Front 6

What are the elements of intentional infliction of emotional distress?

Back 6

1) an act by D amounting to extreme or outrageous conduct;
2) intent OR recklessness
3) causation
4) damages - severe emotional distress

Front 7

Factors suggesting extreme or outrageous conduct

Back 7

1) continuous in nature;
2) directed towards a certain type of P; e.g., children, elderly, pregnant woman, a supersensitive adult (if sensitivity known to D)
3) common carrier or innkeeper - even for gross insults (held to a higher standard)

Front 8

What are the elements of trespass to land?

Back 8

1) physical invasion of P's real property
2) intent
3) causation

Front 9

What are the elements of trespass to chattels?

Back 9

1) an act by D that interferes with P's right of possession in a chattel
2) intent
3) causation
4) damages

Front 10

What are the elements of conversion?

Back 10

1) an act by D that interferes with P's right of possession in a chattel
2) the interference is so serious that it requires D to pay the chattel's full value
3) intent
4) causation

Front 11

What are the elements of conversion?

Back 11

1) an act by D that interferes with P's right of possession in a chattel
2) the interference is so serious that it requires D to pay the chattel's full value
3) intent
4) causation

Front 12

What are the defenses to intentional torts?

Back 12

1) consent
2) self-defense
3) Privilege of arrest
4) necessity
5) discipline (of children)

Front 13

What are the types of consent?

Back 13

1) express - unless obtained by improper means
2) implied - contact sports, incidental contact
3) by law - e.g., contact is necessary to save P's life

Front 14

What are the elements of self-defense?

Back 14

1) D must reasonably believe he/she is about to be attacked
2) D may use such force as is reasonably necessary to protect against injury

Front 15

Is mistake allowed for self-defense?

Back 15

Yes, a reasonable mistake as to the existence of danger is allowed

Front 16

How much force may be used in self-defense?

Back 16

Only the amount of force that reasonably appears to be necessary to prevent harm

Front 17

Is defense of others permitted?

Back 17

Yes, when the actor reasonably believes that the other person could have used force to defend himself, but only to the extent necessary to protect the other person

Front 18

Is a mistake re defense of others permitted?

Back 18

Yes, a reasonable mistake is permitted

Front 19

Is capacity required to consent to an intentional tort?

Back 19

Yes, incompetents, drunks, and small children are incapable of consent

Front 20

Is deadly force permitted for defense to property?

Back 20

No, unless serious harm to a person, as well as property, is threatened

Front 21

May the owner of chattel enter on to land to remove it?

Back 21

Yes, there is a privilege to enter land to reclaim a chattel:
1) at a reasonable time
2) in a reasonable manner
3) after first making a demand for its return

Front 22

Is there a privilege for arrest?

Back 22

Yes, a party may have the privilege of arrest of a third person.

Front 23

Is mistake permitted for the arrest privilege?

Back 23

Yes, as follows:

1) misdemeanor - in the case of a breach of the peace and in the presence of D
2) felony - a police officer may make a reasonable mistake re the identity of the felon, but not whether the felony occured

Front 24

What are the two categories of the necessity defense?

Back 24

1) public necessity
2) private necessity

Front 25

What is necessity?

Back 25

A person may interfere with the personal or real property of another when it is reasonably necessary to avoid injury and the harm is substantially more serious than the invasion undertaken to avert it

Front 26

What is public necessity?

Back 26

when the action is taken for the public good - no liability

Front 27

What is private necessity?

Back 27

when the action is undertaken solely to protect a single person or property from injury - the actor must pay for any injury he causes

Front 28

What are the four branches of invasion of right to privacy?

Back 28

1) False light
2) intrusion on seclusion
3) appropriation of P's picture or name
4) public disclosure of private facts about D

Front 29

What are the elements of appropriation of P's picture or name?

Back 29

P must show that D used P's picture or name for commercial advantage, and without permission

Note: this almost always involves a commercial product

Front 30

Intrusion on P's affairs or seclusion

Back 30

An act of prying or intruding on private matters, that would be objectionable to a reasonable person

Front 31

Publication of facts placing P in a false light

Back 31

When D attributes to P views he does not hold or actions he did not take. The false light must include publicity and be objectionable to a reasonable person under the circumstances

Note: if this involves a matter of public interest, D's malice must be proven

Front 32

Is there a causation element for invasion of privacy?

Back 32

Yes, the invasion of D's privacy must be proximately caused by P's conduct

Front 33

Are there defenses to invasion of privacy?

Back 33

Yes, consent, privilege, but truth is NOT a defense

Front 34

What are the factors of intentional misrepresentation?

Back 34

1) Misrepresentation of a material fact
2) knowing or believing the statement was false or had no basis in truth
3) intent to have P act or refrain from acting in justifiable reliance on the statement
4) causation (actual reliance)
5) damages (actual pecuniary loss)

Front 35

what are the factors of negligent misrepresentation?

Back 35

1) Misrepresentation by D in a business or professional capacity
2) breach of duty towards a particular P
3) causation
4) justifiable reliance
5) damages

Note: negligent misrepresentation is usually confined to a commercial setting, and must be particular to a certain P

Front 36

What are the elements of malicious prosecution?

Back 36

1) institution of criminal proceedings against P
2) termination in favor of P
3) absence of probable cause for prior proceedings
4) improper purpose
5) damages

Front 37

What are the elements for abuse of process?

Back 37

1) wrongful use of process for an ulterior purpose
2) a definite act or threat to accomplish the ulterior purpose

Front 38

What are the elements of interference with business relations?

Back 38

1) existence of a valid contractual relationship or expectancy between P and a 3rd party
2) D's knowledge of the relationship
3) intentional interference with the relationship
4) damages