Harrington's Torts

Front 1

What are the elements of IED?

Back 1

-Intentional or Recklessly
-Extreme and Outrageous Conduct
-Causal Link to Severe Emo. Distress
-Severe Emo. Distress

Front 2

What are the elements of battery?

Back 2

-Intentional
-Contact
-With Another's Person or Around the Body
-that is
-Harmful or Offensive
to a Reasonable Person
-and Harm Occurs

Front 3

What are the elements of assault?

Back 3

-Intentional
-Apprehension
-of An
-Imminent Battery

(the battery does not have to occur)
(fear is not necessary)

Front 4

Must a victim be aware of a battery?

Back 4

No

Front 5

Must a victim be aware of an assault?

Back 5

Yes

Front 6

What are the elements of false imprisonment?

Back 6

-Intention
-Confinement
-of Another
-Within Fixed Boundaries
-The Victim is aware (unless harmed)

Front 7

What must the shopkeeper's privilege meet?

Back 7

-Reasonable suspicion of theft
-Reasonable manner of detention
-Reasonable amount of time

Front 8

Must the victim be aware during false imprisonment?

Back 8

Typically, yes, unless harmed during unconsciousness

Front 9

Can lethal force be used for defense of others?

Back 9

Yes

Front 10

Can lethal force be used for self-defense?

Back 10

Yes

Front 11

Specific Intent?

Back 11

Acting with the purpose of causing the particular consequence

Front 12

General Intent?

Back 12

Acting knowing that the consequence is substantially certain to occur

Front 13

Single Intent

Back 13

Majority - intent to cause harm or offense that a reasonable person would find harmful or offensive

Front 14

Dual Intent

Back 14

Minority - Intent to cause harm or offense knowing the victim will find the harm or offense harmful or offensive

Front 15

Intentionally means

Back 15

substantially certain

Front 16

Recklessly means

Back 16

Highly probable

Front 17

Trespass to Chattels

Back 17

The intentional interference with another's personal property.

Harm is required.
Entire amount not required.
Factors involved, such as amount of time taken, amount of damage, etc.

Front 18

Trespass to Land

Back 18

The intentional entering of land in the possession of another.

Front 19

Conversion

Back 19

The substantial interference with another's personal property.

Must pay the full market value from the time it was taken.

Front 20

Children are...

Back 20

liable for torts; not their parents.

Compared to a reasonable person of similar age, intelligence, and experience, unless they were engaging in a dangerous activity that is normally engaged in by adults

Front 21

Superior Knowledge

Back 21

Is a factor, not a higher standard of care

Front 22

Inferior knowledge

Back 22

is not taken into account; the "reasonable standard of care" is the basic level of care.

Front 23

Mentally ill are...

Back 23

still liable for torts if they can create the requisite intent

Front 24

Going through another's fence is ...

A) not a trespass
B) a trespass

Back 24

NOT A TRESPASS

There is no intent

Front 25

If someone throws you on another's land...

Back 25

they are responsible for trespass, not you, because of intent

Front 26

Humiliation and insults are not enough for...

Back 26

severe emotional distress

Front 27

Defense of Others

Back 27

The equivalent of self-defense against unprivileged battery or another tort where one reasonably believes injury will be bestowed upon him.

Front 28

Defense of Property - use lethal force?

Back 28

Do not use lethal force. The use of reasonable force against a trespasser of land or other real property.

Front 29

Consent

Back 29

the voluntary acquiescence; communication not required. Can be explicit or implied.

Front 30

Self Defense

Back 30

A complete privilege; the right to protect oneself from unprivileged battery, or another tort, where one reasonably believes that an immediate battery will be bestowed upon him.

Front 31

Self defense

Back 31

to defend oneself against unprivileged harmful or offensive contact (or other bodily harm) which he/she reasonably believes that another is about to intentionally inflict upon him

Front 32

Recovery of Property

Back 32

the use of reasonable force to regain a chattel by acting promptly in hot pursuit or within timely discovery of it

Front 33

If mistaken in recovering property, there is no..

Back 33

no privilege allowed for mistakes

Front 34

Negligence elements

Back 34

Duty
Breach
Causation
Harm

Front 35

Cannot negate intent by...(4)

Back 35

-Mistake of fact
-Good faith
-Minority rule (Intent to cause harm)
-mental illness/incapacity

Front 36

Assault requires

Back 36

-Awareness
-Immediate harm

Front 37

Tort liability

Back 37

a civil wrong for which one can recover a remedy in the form of damages (not punishment)

Front 38

Children under 5...

Back 38

are not liable for torts (majority rule)

Minority rule - 7 years of age

Front 39

Children between 7 and 14...

Back 39

are liable for torts as compared to a reasonable person with similar age, experience and intelligence

Front 40

Homeowner's policies cover...

Back 40

negligence. Not battery.

Front 41

Pulling a plate away from the NASA guy in Fisher v. Carrousel...

Back 41

is a battery! Not just an assault.

Front 42

Public necessity

Back 42

A complete defense by a public official for the public good. No compensation necessary.

Front 43

Necessity defense

Back 43

an incomplete defense.

A defense in which one would have incurred more damage by acting a different way; not liable for a tort but still liable for damages.

Front 44

Smoking is..

Back 44

not a battery

Front 45

If a surveyor says it's your land, and it's really not..

Back 45

You're still liable for trespass

Front 46

Conversion must pay the

Back 46

full market value as valued at the time of taking

Front 47

Flying above another's land is not..

Back 47

trespass, unless it is the time period before planes

Front 48

Constructive knowledge

Back 48

"should have known"

Front 49

Throwing a rock over another's property is

Back 49

a trespass

Front 50

Trespass through an accident

Back 50

is not a trespass

Front 51

False imprisonment requires

Back 51

-Fixed Boundaries
-No consent
-Consciousness (unless harm occurs)

Front 52

Battery does not require

Back 52

touching of the body
or
awareness

Front 53

Transferred intent

Back 53

Transfers tort to tort / person to person. Applies to five intentional torts

Trespass to land
Trespass to chattels/conversion
battery
assault
False Imprisonment

Front 54

IED

Back 54

is not a transferable tort (unless through negligence)

Front 55

Physical disabilities

Back 55

are taken into account for adults

Front 56

Mental disabilities

Back 56

are not taken into account for adults but are taken into account for children between 7 and 14.

Front 57

Apprehension

Back 57

Awareness/Consciousness/Anticipation