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;
13 Cards in this Set
- Front
- Back
|
What are the Intentional Torts?
|
Assault
Battery False Imprisonment Infliction of Emotional Distress Conversion Tresspass to Chattel Tresspass to Land |
|
|
Negligence
|
Duty of Care
Breach of Duty Proximate Cause Comparative |
|
|
What are the three types of Strict Liability?
|
1. Ultrahazardous Activities (i.e., Blasting)
2. Products Liability (Rest. 2nd 402a: One who sells a product in defective condition unreasonably dangerous to the user or consumer will be held strictly liable). 2. Keepers of Wild Animals (i.e. lions and tigers and bears, oh my!) |
|
|
What are the four torts that make up Invasion of Right to Privacy?
|
1. Appropriation
2. False light 3. Public Disclosure of Private Facts 4. Intrusion Upon One's Seclusion or Solitude |
|
|
Intentional Torts can be committed what two ways?
|
1. Where D acts intending or desiring to cause the consequences of his or her act.
2. Substantial Certainty Test: Where there is a substantial certainty that the harm will result. |
|
|
Transferred Intent:
Example: X intends to hit A, but instead hits B. X is liable for hitting B. |
Where the D intends tortious conduct against one party, but the resulting harm is caused upon another party, then D will be held liable for the harm to the other party.
|
|
|
To what 5 Intentional Torts does the Doctrine of Transferred Intent apply?
|
1. Assault
2. Battery 3. False Imprisonment 4. Trespass to Land 5. Tresspass to Chattels |
|
|
Can Minors or Incompetent persons be held liable for intentional torts?
|
G.R.: Minors and incompetent persons ARE generally held liable for the intentional torts they commit.
|
|
|
What are the elements of Battery?
|
Person is liable for battery if:
1. He acts intending to cause an offensive or harmful contact with the person of another, AND 2. an offensive or harmful contact results. |
|
|
What other way can a D be held liable for Battery?
|
If D acts intending to cause an assault (to place a person in imminent apprehension of a contact), and an offensive contact results, D is liable for battery also.
|
|
|
When is there NO tort liability for battery?
|
There is no tort liability for battery where the contact results from NEGLIGENT or RECKLESS conduct.
|
|
|
Can D be held liable for offensive conduct that does not result in a physical touching?
|
Conduct offensive to one's sense of personal dignity is sufficient for battery?
Examples: Blowing smoke in someone's face, Spitting at someone; pulling someone's chair out. |
|
|
Is D liable only for harmful contact with the body of the person?
|
Protection against battery extends not only to the PERSON of the P, but ANYTHING THAT CAN BE CLOSELY CONNECTED or IDENTIFIED with him or her, or anything that can be grasped in the hand
|
