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28 Cards in this Set
- Front
- Back
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BATTERY |
One is liable for battery if he intentionally (intent) acts (volitional act) to cause a harmful or offensive contact (injury) to another person, and a harmful or offensive contact directly and indirectly results (causation) |
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Factors |
Minors are liable for the torts committed with force.Insanity is not a defense for tort liability; the legally insane person has to be able to entertain the same intent as an ordinary man, and he would have entertained it in fact.Mistake doctrine: intend to commit act, but against a different person or thing.Transferred intent: (1) when an actor intends to cause harm to one person, but harm results to another person, the actor is liable for the harm committed against that other person; (2) transferred intent allows recovery where the actor intends one intentional tort but causes another |
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Offensive |
Crowded world doctrine: in a crowded world where a reasonable amount of touching is inevitable and must be accepted, the touching must be offensive to an ordinary person nut unduly sensitive as to personal dignity.Intentional contacts with anything so intimately connected with one’s body as to be customarily considered a part of one’s body. |
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Assault |
Rule: one is liable for assault if he intentionally (intent) acts (volitional) to cause the apprehension of an imminent harmful/ offensive contact to another person (injury), and the other person is thereby directly/indirectly (causation) placed in such imminent apprehension |
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Assault factors |
Apprehension: well-founded belief of an immediate contact.Imminence: there will be no significant delay.Factors determining the apprehensionP must be conscious of the threat.D’s apparent ability and not his actual ability to effectuate his attempt.The imminence of the threat.Mere present/ future threats are not actionable, the threats must be coupled with acts/ other circumstances creating reasonable apprehension of a harmful/ offensive contact. |
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False imprisonment |
Rule: one is liable for false imprisonment if he intentionally (intent) acts (volitional act) to cause the confinement of another person within fixed boundaries, and the confinement or harm to the other person directly/ indirectly results (causation) |
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Factors for confinement |
Factors determining the confinementP must be aware of the confinement during the time it took place/ he was harmed by it.Restraining one with force against his free will.FI is actionable if one was confined with invalid legal authority.Moral pressure/ moral persuasion is not confinement; it is essential that one is confined against his free will.Person is restrained by actual/ apparent physical barriers, unless, there are reasonable means of escape that the person is aware of.Person placed under duress sufficient enough to render his consent ineffective.By use of force/ threats of physical force such that it creates a well-founded fear that the person cannot disregard.By confiscating significant items of personal property. |
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Trespass to Land |
Rule: one who intentionally (intent) acts (volitional act without consent/ privilege) to enter/ remain (injury) on the land which is in the possession of another, or cause a thing/ a third person to so (injury), and the entry directly or indirectly results (causation.) |
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Factors for trespass |
TTL is actionable for the harmless entry.Entry by mistake does not relieve the actor from liability under TTL.Fails to remove from the land a thing he is under a duty to removeWhen a person places a thing on another person’s land under consent/ license/ privilege, but fails to remove it after the termination of such license/ consent/ privilege.Trespass v. Nuisance: (1) tangible invasion, however slight, nominal damages; (2) interference with the use and enjoyment of the land is substantial and unreasonable, substantial damages. |
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Trespass to chattel |
Rule: one who intentionally (intent) acts (volitional act) to cause the dispossession/ intermeddling of the chattel which is in the possession of another (injury), and the dispossession/ intermeddling directly/ indirectly results (causation.) (Injury): (1) dispossess another of the chattel; (2) impair the chattel as to its condition/ quality/ value; (3) cause harm to the possessor of the chattel; (4) cause harm to a thing or person in which the possessor has legally protected interest. |
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Factors for trespass to chattel |
TTC is not actionable for the harmless interference with another chattel.Conversion is not actionable if the actual possessor of the chattel can still maintain control and usefulness of the chattel |
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Conversion |
Conversion: it is intentional exercise of dominion/ control over the chattel of another, which so seriously interferes with the right of the other to possess the chattel, and it may require the dispossessor the reimbursement of the full value of the chattel. TTC v. Conversion: (1) actual interference, temporary dispossession, reimbursement for the diminution of the value of the chattel; (2) serious interference, permanent dispossession, reimbursement for the full value of the chattel. |
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Consent |
ConsentOne who (explicitly/ implicitly) manifests his willingness for the tortious conduct of another to invade his interest. |
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Implies consent |
Consent is impliedWords/ gestures/ conduct can be reasonably understood as consent.Culture, customs, social mores may imply consent.Certain sporting activities imply consent, which is limited by the rules of the game.Medical emergencies imply consent: (1) in cases that require prompt medical attention; (2) obtaining consent by relative (substitute consent) |
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Ineffective consent |
Consent is ineffectiveWhen consent is procured by fraud; or by means of misrepresentation; consent incurred by substantial mistake about the nature of the invasion, and the extent of the harm; Induced consent.If one is incapable of appreciating the extent, nature, and consequences of the conduct consented to (e.g. infants, mentally ill, intoxication) |
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Defense of self |
Defense of Self:One is privileged to use force if he reasonably believes that he is about to be seriously injured, as long as the threat persists, and he may use as much force as necessary – such privilege is to forestall the impending battery and not retaliate. |
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Elements of self defense |
Reasonable belief that the use of force is necessary.The force used is proportionate.Regardless if the defender’s belief incorrect – as long as his belief is reasonable.Self-defense ends when the threat of battery ends. |
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Factors determining reasonable force |
The amount of force the defender exertedThe method or manner by which the force was applied.The means or object by which the defender applied the force.The surrounding circumstances under which the defender applied the force. |
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Self defense not actionable |
Self-Defense is not actionableConsent negates self-defense.Defendant uses excessive force.When P is initial aggressorThreats or provocative words are not sufficient, words must be accompanied with actions.Aggressor doctrine: P’s own action were sufficient enough to provoke a reasonable person to use physical force for protection, Unless, the initial aggressor retreated and communicated his intent to abandon the altercation, or if the defendant used excessive force. |
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Use of deadly force |
Use of Deadly ForceThe use of deadly substantial force that causes death or serious injury is only allowable if necessary and proportionate; (1) minority rule: before employing deadly force in self-defense, a person is required to retreat to a place of complete safety if he is able to do so; (2) majority rule: a person is allowed to stand his ground and use deadly force, only the time and in proportion to threat with which one is faced. |
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Defense of others |
One is entitled to use force in the defense of others, if he reasonably believes that the other person acquires the privilege of self-defense, and that the intervention is necessary at the time. |
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Defense of property |
Defense of propertyOne is entitled to use force as necessary to prevent the unlawful entry onto his land or to remove a trespasser who is trespassing on his land.P is trespassing on the owner’s landReasonable belief that the employment of force is necessary either to remove the trespasser from land or to prevent the trespasser’s entry.That the owner first asked the trespasser to leave and that the trespasser refused or that he reasonably believed that such attempt would be futile or dangerous.The possessor of the land is not allowed to use deadly force that endangers human life or causes serious harm, unless, the trespasser threatened death or serious bodily harm to another person who is actually present. |
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Recovery of personal property |
A person who is wrongfully deprived from his chattel is authorized to use reasonable force to return his chattel after immediate discovery of the dispossession, and when it cannot be done with unnecessary violence or breach of peace.Demand to return the chattel must be done before the employment of force, unless, it appears that such request would be futile and dangerous.Recovery of the chattel is limited to the prompt discovery and prompt pursuit of the chattel.Hot Pursuit Doctrine: immediate and continuous pursuit of the chattel.Shoplifting Doctrine: a shopkeeper is privileged to detain a person for reasonable investigation whom he reasonably suspects to have taken his chattel unlawfully; the scope of the privilege expands to the immediate vicinity of the shop; the use of force is allowed only after the request for detention. |
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Private necessity |
Private Necessity: one enjoys immunity for commissioning an intentional tort, but for the resulting damages thereof, if he acts to preserve his interest at the expense of another. |
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Public necessity |
Public Necessity: one enjoys complete immunity for committing an intentional tort and for resulting damages thereof, if he acts to prevent injury or harm menacing public safety |
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Justification |
One is conditionally privileged if he acts only on the condition that it is done for protection or advancement of a particular interest – such privilege is defeasible if it is not done for any purpose other than the protection or advancement of a particular interest |
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FI, CONVERSION, OFFENSIVE BATT, ETC. |
Exceptions |
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Ignominious |
Degrading, shameful, blameworthy |
