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12 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Battery |
An intentional, harmful or offensive (unpermitted) contact with plaintiff's person. |
Includes medical procedure to which patient has not consented |
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Assault |
An intentional act that causes apprehension of an immediate battery (an unpermitted contact) |
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False imprisonment |
An intentional act of restraint to a bounded area; defendant must have awareness of confinement or injury. Can restrain by keeping one's property. A private citizen who request a police to make an arrest without warrant may be liable if the arrest turns out to be unlawful |
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Intentional infliction of emotional distress |
Intentional extreme and outrageous conduct that causes injury (physical harm not required, except when harm to non-family members |
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Trespass to land |
Intentional physical invasion of the land of another. Strict liability = no damages need to be proven. |
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Trespass to chattels and conversion |
An intentional act of invasion of the personal property of another. The extent of damage determines whether it is trespass (remedy: dim uniting of value) or conversion (remedy: full market value) |
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Defenses to intentional torts: consent |
Plaintiff must have capacity to consent; can be express; can be implied consent: arises through custom and usage or through plaintiff's own conduct; consent is a reasonable person test, defendant's subjective knowledge is irrelevant; remember the scope |
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Defenses to intentional torts: self-defense |
A person is justified in using reasonable force to prevent what she reasonably believes to be an imminent threat of force against her; deadly force may only be used when the defender reasonably believes that she faces a threat of deadly force herself |
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Defense of others |
A person may defend another person in the same reasonable manner as the person attacked would be entitled to defend himself; defender is not liable if he reasonably believed that another person was endangered but was mistaken |
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Defense of property |
A person may use reasonable force to defend his real estate or personal property with prior request to desist; deadly force never acceptable; shoplifters may be detained in a reasonable manner for a reasonable time |
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Necessity |
A defense only to intentional torts. Public necessity is an unlimited privilege to protect a lot of people, an absolute defense. Private necessity is a limited privilege to protect a limited number of people , a qualified defense, defendant will be liable for paying damages |
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Defamation |
1. False statement made by D Co cerning P 2. Published to a 3rd party 3. Causes special damage (pecuniary) to P |
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