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21 Cards in this Set
- Front
- Back
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Intent
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Specific--the goal in acting is to bring about specific consequences
general--the actor knows with substantial certainty that these consequences will result |
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Transferred intent
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the intent to commit a certain tort against one person is transferred...
...to the tort actualyl committed. ...to the person actually injured Torts covered: assault, battery, FI, TL, TC...not covered conversion |
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Causation
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The result must have been legally caused by D's act or something set in motion by him. Causation is satisfied if D's conduct was a substantial factor in bringing about the injury.
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Battery
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Intend to cause a harmful or offensive contact to a plaintiff's person.
* reasonableness standard *contact can be direct or indirect *P's person includes anything connected to the P |
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Assault
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An act by defendant intending to cause a reasonable apprehension in P of a n immediate harmful or offensive contact to P's person.
*Fear v. apprehension *Apparent ability enough *words not sufficient *Immediacy |
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False Imprisonment
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An act or omission on the part of the D that confines or restrains the P to a bounded area.
*physical force, threats, lack of help *insufficient: moral pressure and future threats *can be short time *must be aware *no reasonable means of escape known |
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IIED
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Extreme and outrageous conduct by the D that results in the severe emotional distress of the P.
*recklessness satisfies the intent requirement *outrageous conduct="that which exceeds all bounds of decency tolerated in a civilized society" Look for: reptitive conduct, common carrier Classes of peeps: young children, elderly, pregnant women, minority groups *actual damages required..sliding scale with outrageousness |
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Bystander Causation (IIED)
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When D intentionally causes physical harm to a third person and P sues for emotional distress, can recover if showing IIED or that she was present when the injury occurred, was a close friend the injured person and the D knew these things
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Trespass to Land
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An act of physical invasion to P's real property
*intent only requires that the D be at the destination purposefully...need not know that it belonged to someone else *includes reasonable space above and below the land |
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Trespass to Chattels
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Intentional interference with P's right of possession in a chattel.
*damage to chattel or dipossession *actual damages to the chattel or possessory right are required |
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Conversion
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An interference with a P's possessory right that is so serious that it warrants requiring the D to pay the chattel's full value.
*theft, severe damage, misusing *FMV of the chattel or replevin is available |
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Consent (D to intentional torts)
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D is not liable if expressly consenting to the D's tortious conduct.
*cant be induced by fraud *if knowingly taking advantage of a mistake, eliminated *cant be obtained by duress or fruad *need capacity |
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Implied Consent
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Consent implied from custom or common usage
Consent based on D's reasonable interpretation of P's conduct *scope |
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Self Defense
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When a person reasonably believes that she is being or about to be attacked, she may use such force as reasonably necessary to protect against injury.
*reasonable mistake allowed *modern trend, deadly force allowed but must retreat if able to do safely except in home |
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Defense of Others
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One may use force to defend another when the actor reasonably believes that the other person could have used force to defend himself.
*reasonable mistake allowed |
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Defense of Property
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One may use reasonable force to prevent the commission of a tort against her real or personal property
*request must be made first unless futile or dangerous *no defense if already completed, except for hot pursuit *reasonable mistake allwed as to request for desist BUT NOT as to whether the entrant has a privilege *deadly harm not available, unless threat of physical harm |
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reentry land
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common law could use force to recapture real property...modern, no self help
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recapture of chattels
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When another's possession of a chattel began lawfully, one may use only peaceful means to recover the chattel.
Force may be used to recapture a chattel only when in hot pursuit, tortfeasor, or one who should know the chattels were tortiously obtained. One may not use force to recapture chattels in the hands of an innocent third party. |
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reentry on land to remove chattel
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Wrongdoers Land--owner is privileged to enter the land and reclaim them at a reasonable time and manner after demand
Innocent party--owner may enter and reclaim chattel at a reasonable time and peasevul manner, when the landowner has been given notice and refuses to return...liable for any damage caused by the entry. On land through owner's fault--no privilege to enter land, must go through judicial process *no mistake allowed |
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Privilege of Arrest (citizen
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Misdemeanor--misdemeanor must be a breach of peace and committed in the party's presence, using the degree of force necessary to make the arrest (never deadly)
Felony--the felony must have been committed, and the citizen must reasonably believe the person arrested committed it; deadly force if serous harm *officer only need to reasonably believe that felony has been committed and that suspect did it |
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Necessity
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A person may interfere with the real or personal property of another when it is reasonably and apparently necessary to avoid threatened injury from a natural or other force, and when the threatened injury is substantially more serious than invasion that is undertaken to avert it.
*public--act for public good; absolute *private--act for own interest; liable for actual harm, but not nominal or punitive |
