Mbe - Torts - Intentional Torts

Front 1

1) Tort if:
A threatens B while in crowded theatre by brandishing an explosive; C put in apprehension of imminent bodily harm

Back 1

Assault of B "intent to scare"

Assault of C (transferred intent)

Front 2

2) Assault? A intends to scare; B SUBJECTIVELY apprehends imminent harm; a reasonable OBJECTIVE person would not be scared.

Back 2

Yes. A's intent + B's SUBJECTIVE apprehension.

Front 3

3) Assault? A intends to scare, B is unaware. (blind, asleep, unconscious)

Back 3

No assault

Front 4

4) Assault? Threat of future harm

Back 4

No; future not "imminent"

Front 5

5) Assault? Draw sword + "if you weren't ___ I would strike you"

Back 5

No assault; words negated threat

Front 6

6) Assault? "If you don't give me your money, I'm going to hit you."

Back 6

Yes. Conditional threat, if B believed that, without the condition, immediate bodily harm would result.

Front 7

7) Assault? words alone "I'm going to punch your lights out" but A has no arms.

Back 7

No assault. Words alone not enough. A needs "apparant ability" to cause B's bodily harm.

Front 8

8) Assault Privileged When?

Back 8

Self Defense
Defense of Others
Eject Trespassers

Front 9

9) Assault privilege exist if
1) A made an unreasonable mistake that Self Defense applied?
2) A made reasonable mistake

Back 9

Privilege applies if A "REASONABLY believed the circumstances called for the conduct"
even if mistake

Front 10

10) Battery elements

Back 10

1) intent to
-commit harmful or offensive touching, OR
- create apprehension of same

2) Harmful or offensive touch

3) No Consent

Front 11

11) Battery intent for:
- actual intent?
- know with substantial certainty
- negligence?
- willful and wanton conduct?

Back 11

yes: actual intent, know with substantial certainty

Front 12

12) Battery intent if:
intent to contact but NO intent to cause injury or embarassment

Back 12

Yes. Intent to contact enough.

Front 13

13) Can a CHILD or INSANE be liable for battery?
What if don't know it's WRONG?
What if no capacity to forsee the CONSEQUENCES?

Back 13

Yes if:
mental capacity to entertain intent to strike
+ does entertain intent to strike.

Front 14

14) Is it battery if one touches anothoer with a BENEVOLENT MOTIVE (e.g. Dr extends operation to do unconsented-to repair) ?

Back 14

Yes.

Front 15

15) Battery of C if: A intends to strike B but inadvertently strikes C (i.e. no intent to strike C)?

Back 15

Yes. Transferred Intent.

Front 16

16) Meaning of battery "touching?

Back 16

unpermitted by norms of social custom, even if not "harmful"

Front 17

17) Touch if:

Removal of B's false teeth by force? snatch a plate? touch B's hat? intentionally strike B's CAR w/ B inside?

Back 17

Yes

Front 18

18) Meaning of battery "offensive"

examples?

Back 18

offense a REASONABLE sense of personal dignity

e.g. spit / slap another

Front 19

19) Battery by A if A:
orders employee X to touch B?

Back 19

Yes

Front 20

20) Battery by A if A:
indirectly touches B (e.g. puts poison in B's food & B later injests/touches the poison)

Back 20

Yes

Front 21

21) Battery if B UNAWARE of the touch? (e.g. asleep, unconscious)

Back 21

Yes

Front 22

22) B Consent to touch if:
- A mistaken re consent but
- A reasonably construes B's state of mind from B's actions to be consent

Back 22

Yes: Consent

Front 23

23) Consent to touch someone on the shoulder to get her attention?

Back 23

Yes: implied from social custom

Front 24

24) When is a minor's or mentally deficient person's consent effective?

Back 24

if he's capable of appreciating the nature and consequences of the conduct consented to

Front 25

25) Who's consent does Dr need to perform surgery / medical treatment on a minor?

Back 25

Parent UNLESS emergency

Front 26

26) Consent obtained by duress / fraud / misrepresentation --> still count as "duress" to negate battery?

Back 26

No consent if fraud, etc. as to:
nature/essence of invasion OR
extent of the harm

Front 27

27) Consent obtained by mistake --> still count as "duress" to negate battery?

Back 27

If A KNOWS B's consent induced by:
substantial mistake as to 1) Nature of invasion of interest
or 2) extent of expected harm
--> No consent to the unexpected part
--> Yes consent to the expected part

Front 28

28) Consent by B to intercourse if A:
- said it was necessary to cure her of medical problem
- promised to marry her
- knows he has V.D
- pays Ho with bogus money

Back 28

YES: med problem --> went to essence of touch
NO: marrying --> collateral matter
YES: VD
No: counterfeit $

Front 29

29) Does consent to illegal act void consent?

Back 29

Generally, no.

Front 30

30) When does illegality void consent to a touch?

Back 30

1) SPLIT (yes exception in min., no exception in Rst) Consent to breach the peace
e.g. even if "agree" to fight, can sue for battery
2)

Front 31

31) Does invalidity of consent to criminal statutory rape also invalidate consent to civil battery?

Back 31

Yes. Member of protected class --> no consent to either.

Front 32

32) Majority rule on Surgeon's right to extend operation to new areas (within original incision)?

Back 32

whether a reasonable person in the patient's position would have granted consent if he were able to choose + Dr's sound prof. judgment he should extend.

Front 33

33) Patient consents, but Dr. failed to get INFORMED consent.

What action arises?

Back 33

NOT battery

= Negligence: that Dr. unreasonably failed to disclose material information

Front 34

34) False Imprisonment

Elements

Back 34

Intent
Confinement
Consciousness of Confinement
No Consent

Front 35

35) Does A have "intent" to commit False imprisonment if he acts with good MOTIVE / intentions?

Back 35

YES. He had Intent to confine, regardless of motive

Front 36

36) Is B "confined" if A impedes her progress in 1 particular direction?

Back 36

No.

Front 37

37) Is B "confined" if A confines her in an area with a reasonable exit, but B prefers to use the blocked exit?

Back 37

No.

Front 38

38) Is "B" confined if on a yacht or a moving car?

Back 38

Yes.

Front 39

39) Is "B" confined if door is unlocked, but A threatened her with harm if she leaves?

Back 39

Yes.

Front 40

40) Is "B" confined if A arrests her unlawfully, but with no force or threat of force?

e.g. cop says "Stop you're under arrest!" and you stop

Back 40

Yes.

Front 41

41) What if B is unaware of confinement, but is INJURED by it... False Imprisonment?

Back 41

Yes.

Front 42

42) If A store owner informs B he suspects her of theft, but no threat of force, and she submits to detention and search --> False Imprisonment?

Back 42

No (= consent)

minority: "moral coercion" vitiates the consent

Front 43

43) Officer reasonably suspects B of crime but B was innocent + Officer arrests B --> False Imprisonment?

Back 43

No.

Front 44

44) IIED Elements

Back 44

- extreme and outrageous conduct
- intentionally/recklessly causes
- severe ED
- to another

Front 45

45) A intends to & does cause B ED. The ED causes B bodily harm. Is A liable for the bodily harm?

Back 45

yes.

Front 46

46) Can "bad manners" be IIED?

Back 46

No b/c won't cause SEVERE ED.

Front 47

47) Action won't normally (objective) cause someone ED, but A KNOWS that B has weakness/sensitivity. A liable?

Back 47

Yes.

Front 48

48) Can high-pressure tactics by debt collector upon debtor to pay up be IIED?

Back 48

Yes b/c = Outrageous

Front 49

49) can high pressure tacticsby landlord seeking tenant to voluntarily leave = IIED?

Back 49

Yes b/c = Outragous

Front 50

50) Can mishandling dead bodies intended to inflict on ED upon next of kin be IIED?

Back 50

Yes. It is PER SE outrageous.

Front 51

51) When is common carrier, innkeeper or public utility liable for IIED?

Back 51

Gross Insults + highly offensive nature

Front 52

52) Business owner + gross insult + highly offensive nature --> IIED?

Back 52

No b/c no special relationship (unlike innkeeper)

Front 53

53) When IIED to bystander?

Back 53

1) Person's immediate family of person torted + present AT THE TIME + (even if no bodily harm)
2) other person + present at time + bodily harm
AND
- A intends ED to the 3rd party (no transferred intent)
- or A knows 3rd party present

Front 54

54) Trespass to Land

Elements

Back 54

-possession or right of possession to the land
- D interfered w/ the interest
- D's intend to OR D's abnormally dangerous activity

[consent is defense NOT element]

Front 55

55) Who has burden of proof on:
Trespass to person (battery)?
Trespass to land?

Back 55

Battery: P has burden b/c non-consent is an element

Land: D has burden b/c consent is a defense

Front 56

56) Does an adverse posessor have "posession" necessary for Trespass to Land?

Back 56

Yes.

Front 57

57) A (lessor) leases land to B (lessee). C trespasses. Who can recover against C:
- for the trespass?
- for permanent harm to the land?

Back 57

For the trespass:
B, the lessee; B has "possession"; A does not.

For the damage: A; the land is his.

Front 58

58) "Entry" if D casts objects upon P's land?

Back 58

Yes.

Front 59

59) D's truck throws a stone from the highway onto P's land. Trespass?

Back 59

No. D did not INTEND for the object to enter P's land.

Front 60

60) D intentionally walks onto P's land --> Trespass if D honestly & reasonably mistakently believes:
- land is his own?
- land is his friend Z's?
- he has consent?

Back 60

Yes. D had the intent to enter.

Front 61

61) D has intent to enter P's land + causes harm + harm was not reasonably forseeable --> Liable for the harm?

Back 61

Yes.

Front 62

62) D engages in ultrahazardous or abnormally dangerous activity
+ trespass occurs (e.g. object) + trespass unintentional
--> Can P recover?

Back 62

SPLIT
RS: Yes if ACTUAL HARM results

Min: Yes

Front 63

63) Can chemical particles, invisible to the naked eye, intruding onto P's property = trespass?
Test?

Back 63

Yes (Oregon)

Test: put emphasis on object's energy or force NOT its size.

Front 64

64) Low-flying aircraft: Trespass or nuisance?

Back 64

Split.

Trend towards NUISANCE.

Front 65

65) hot air balloonist D lands in P's garden; crowd rushes in to view the landing --> D liable?

Back 65

Yes. Trespass + it caused harm

Front 66

66) D interferes with P's possession + no actual harm --> damages?

Back 66

Yes.

Front 67

67) Best defense to trespass?

Back 67

Consent (actual or implied)

e.g. P misled D into thinking consent given

Front 68

68) P consents to D's entry; D enters; P tells D to leave; D refuses --> Consent defense?

Back 68

No.

Front 69

69) Licensee (e.g. restaurant visitor) enters, then abuses license, was he trespasser from the beginning under Trespass Ab Initio doctrine?

Back 69

No, ancient Trespass Ab Initio doctrine rejected modernly. Liable only for tortious acts.

Front 70

70) When does privilege to trespass (enter or use) apply?

Back 70

1) Emergency + Protect D's person or property

Front 71

71) D enters P's land + emergency privilege + damages land:
Trespass? No, or Yes but privileged
Damages?
IF: protect self / protect public

Back 71

No Trespass

Protect self --> D liable for damages for harm
Protect public --> NO LIABILITY (if act reasonably)

Front 72

72) Intrusion of P's property:

Distinguish Eminent Domain from Police Power

Back 72

Eminent Domain: taking it

Police Power: destroying or Limit Use + danger to public safety, health or welfare