Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
26 Cards in this Set
- Front
- Back
|
Battery
|
An actor is subject to liabillty to another if (a) he acts intending to cause a harmful or offensive contact with the person of the other or third person, or an immient apprehension of such contact and (b) a harmful or offensive contact with the person.
The policy rational is that people should be free form intentionally inflicted harmful or offensive contact. |
|
|
The act requirement
|
The external manifestation (some manifestation got from the mind to the body, a perceptible movement or failure to move); and involvement of the will (some evidence that the external manifestation was volitional and not the result of a reflex).
|
|
|
Intent
|
is a desire or substantial certainty that a consequence will occur; and in a dual intent jurisdiction and intent to cause contact that is harmful or offensive.
|
|
|
Dual intent
|
in a dual intent jurisdcition the defendant must intend both: (a) that the act will cause a contact, and (b) that the contact will be harmful or offensive.
|
|
|
Assault
|
An actor is subject to liability for assault if: (a) s/he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such contact, and (b) an imminent apprehension of such contact occurs.
Imminent does not mean immediate but rather without significant delay (it could occur at any moment). Apprehension does not mean fear but, an uneasy anticipation or dread about the future. |
|
|
Transferred intent
|
one who acts intendint to assult is liable for battery if a harmful or offensive contact occurs. One who acts intending a battery is liable for assault if apprehension of imminent harmful or offensive contract occurs. One who acts intending to batter or assault one person and batters and assaults another is liable to the other for the invasion that person suffers.
|
|
|
Consent
|
An actor may relinquish his or her right to be free from harmful or offensive contacts. Consent is a willingness for conduct/contact to occur.
Consent and withdrawal of consent are inferred from the plaintiff's mainfestation of a willingens to be contacted and giving notice that all such conduct will no longer be tolerated. Consent induced by fraud is not valid claim of consent and acts as there was never consent. |
|
|
Self-Defense
|
Test for permissible force is objective. One's defense must be reasonable and proportional to be a valid self defense.
|
|
|
Factors for Self-Defense
|
(1) the character and reputation of the attacker
(2) The belligerence of the attacker (3) A large difference in size and strength of between the parties (4) An overt act by the attacker (5) Threats of serous bodily harm, and (6) The impossiblity of peaceful retreat. |
|
|
Battery
|
An actor is subject to liabillty to another if (a) he acts intending to cause a harmful or offensive contact with the person of the other or third person, or an immient apprehension of such contact and (b) a harmful or offensive contact with the person.
The policy rational is that people should be free form intentionally inflicted harmful or offensive contact. |
|
|
The act requirement
|
The external manifestation (some manifestation got from the mind to the body, a perceptible movement or failure to move); and involvement of the will (some evidence that the external manifestation was volitional and not the result of a reflex).
|
|
|
Intent
|
is a desire or substantial certainty that a consequence will occur; and in a dual intent jurisdiction and intent to cause contact that is harmful or offensive.
|
|
|
Dual intent
|
in a dual intent jurisdcition the defendant must intend both: (a) that the act will cause a contact, and (b) that the contact will be harmful or offensive.
|
|
|
Assault
|
An actor is subject to liability for assault if: (a) s/he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such contact, and (b) an imminent apprehension of such contact occurs.
Imminent does not mean immediate but rather without significant delay (it could occur at any moment). Apprehension does not mean fear but, an uneasy anticipation or dread about the future. |
|
|
Transferred intent
|
one who acts intendint to assult is liable for battery if a harmful or offensive contact occurs. One who acts intending a battery is liable for assault if apprehension of imminent harmful or offensive contract occurs. One who acts intending to batter or assault one person and batters and assaults another is liable to the other for the invasion that person suffers.
|
|
|
Consent
|
An actor may relinquish his or her right to be free from harmful or offensive contacts. Consent is a willingness for conduct/contact to occur.
Consent and withdrawal of consent are inferred from the plaintiff's mainfestation of a willingens to be contacted and giving notice that all such conduct will no longer be tolerated. Consent induced by fraud is not valid claim of consent and acts as there was never consent. |
|
|
Self-Defense
|
Test for permissible force is objective. One's defense must be reasonable and proportional to be a valid self defense.
|
|
|
Factors for Self-Defense
|
(1) the character and reputation of the attacker
(2) The belligerence of the attacker (3) A large difference in size and strength of between the parties (4) An overt act by the attacker (5) Threats of serous bodily harm, and (6) The impossiblity of peaceful retreat. |
|
|
Defense of Property
|
Reasonable but not deadily force may be used to protect interest in proeprty from reasonably perceived threat to that interest. A person in possession of property has a prvilege to use reasonable force if necessary to eject a trepasser. This privilege to eject a trespasser applies only after the possessor has demenaded the other leave, unless the possessor reasonably believes such a demand would be useless or too late to prevent substantial harm.
|
|
|
IIED
|
A defendant is liable for intentional infliction of emotional distress if (1) the defendant’s conduct is extreme and outrageous, and (2) the defendant acted with intent or reckless disregard to cause the plaintiff to suffer (3) severe emotional distress, and (4) the plaintiff actually did suffer severe emotional distress.
Outrageousness is an objective test where that is judged by whether a reasonable person in a community would exclaim Outrageous! Recklessness occurs if the person knows of the risk harm created by their conduct, or knows facts that make that risk obvious to anyone and |
|
|
Recklessness
|
Recklessness occurs if the person knows of the risk of harm created by the conduct or knows facts that make that risk obvious to anyone in the persons situation; and the precuation that would eliminate or reduce that risk involves burdens so slight relative to the magnitute of the risk as to render the persons failure to adopt the precaution is a demonstration of the pesons indifference to the risk.
On the cavalcade of culpability recklessness is inbetween intentional torts and negliegnce. |
|
|
Transferred intent for IIED
|
For IIED, intent may be transferred from the person of the defendant intended to suffer severe emotional distress to : (a) family members who were present at the time of the defendant's conduct, and (b) non-family members who were present at the time of the defendant's conduct and suffered bodily harm in addition to severe emotional distress.
|
|
|
Trespass
|
One is liable for trespass if he acts intending to the enter the land of another, or acts intending to cause a thing or third person to enter the land of another, and in fact enters the land of another or causes a thing to enter the land, or remains on the land after consent/privilege has expired.
|
|
|
Trespass to Chattel
|
One who commits a trespass to chattel is subject to liability to the possessor of the chattel, if, but only if (1) he dispossess the other of the chattel, or (2) the chattel is impaired to its condition, quality or value, or (3) the possessor is deprived of the use of the chattel for a substantial time, or (4) bodily harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally protected interest.
|
|
|
Conversion (factors)
|
Conversion is an intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel. Factors for determining conversion include (1) the extent and duration of the actor's exercise of dominion or control, (2) the actors intent to assert a right in fact inconsistent with the other's right of control; (3) the actor's good faith, (4) the extent and duration of the resulting interference with the other's right of control, (5) the harm done to the chattel, (6) the inconvenience and expense caused to the other.
|
|
|
Necessity
|
Private and public necessity
Private = recover only actual damage Public = no recover |
