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72 Cards in this Set

  • Front
  • Back
1) Tort if:
A threatens B while in crowded theatre by brandishing an explosive; C put in apprehension of imminent bodily harm
Assault of B "intent to scare"

Assault of C (transferred intent)
2) Assault? A intends to scare; B SUBJECTIVELY apprehends imminent harm; a reasonable OBJECTIVE person would not be scared.
Yes. A's intent + B's SUBJECTIVE apprehension.
3) Assault? A intends to scare, B is unaware. (blind, asleep, unconscious)
No assault
4) Assault? Threat of future harm
No; future not "imminent"
5) Assault? Draw sword + "if you weren't ___ I would strike you"
No assault; words negated threat
6) Assault? "If you don't give me your money, I'm going to hit you."
Yes. Conditional threat, if B believed that, without the condition, immediate bodily harm would result.
7) Assault? words alone "I'm going to punch your lights out" but A has no arms.
No assault. Words alone not enough. A needs "apparant ability" to cause B's bodily harm.
8) Assault Privileged When?
Self Defense
Defense of Others
Eject Trespassers
9) Assault privilege exist if
1) A made an unreasonable mistake that Self Defense applied?
2) A made reasonable mistake
Privilege applies if A "REASONABLY believed the circumstances called for the conduct"
even if mistake
10) Battery elements
1) intent to
-commit harmful or offensive touching, OR
- create apprehension of same

2) Harmful or offensive touch

3) No Consent
11) Battery intent for:
- actual intent?
- know with substantial certainty
- negligence?
- willful and wanton conduct?
yes: actual intent, know with substantial certainty
12) Battery intent if:
intent to contact but NO intent to cause injury or embarassment
Yes. Intent to contact enough.
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?
Yes if:
mental capacity to entertain intent to strike
+ does entertain intent to strike.
14) Is it battery if one touches anothoer with a BENEVOLENT MOTIVE (e.g. Dr extends operation to do unconsented-to repair) ?
15) Battery of C if: A intends to strike B but inadvertently strikes C (i.e. no intent to strike C)?
Yes. Transferred Intent.
16) Meaning of battery "touching?
unpermitted by norms of social custom, even if not "harmful"
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?
18) Meaning of battery "offensive"

offense a REASONABLE sense of personal dignity

e.g. spit / slap another
19) Battery by A if A:
orders employee X to touch B?
20) Battery by A if A:
indirectly touches B (e.g. puts poison in B's food & B later injests/touches the poison)
21) Battery if B UNAWARE of the touch? (e.g. asleep, unconscious)
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
Yes: Consent
23) Consent to touch someone on the shoulder to get her attention?
Yes: implied from social custom
24) When is a minor's or mentally deficient person's consent effective?
if he's capable of appreciating the nature and consequences of the conduct consented to
25) Who's consent does Dr need to perform surgery / medical treatment on a minor?
Parent UNLESS emergency
26) Consent obtained by duress / fraud / misrepresentation --> still count as "duress" to negate battery?
No consent if fraud, etc. as to:
nature/essence of invasion OR
extent of the harm
27) Consent obtained by mistake --> still count as "duress" to negate battery?
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
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
YES: med problem --> went to essence of touch
NO: marrying --> collateral matter
No: counterfeit $
29) Does consent to illegal act void consent?
Generally, no.
30) When does illegality void consent to a touch?
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
31) Does invalidity of consent to criminal statutory rape also invalidate consent to civil battery?
Yes. Member of protected class --> no consent to either.
32) Majority rule on Surgeon's right to extend operation to new areas (within original incision)?
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.
33) Patient consents, but Dr. failed to get INFORMED consent.

What action arises?
NOT battery

= Negligence: that Dr. unreasonably failed to disclose material information
34) False Imprisonment

Consciousness of Confinement
No Consent
35) Does A have "intent" to commit False imprisonment if he acts with good MOTIVE / intentions?
YES. He had Intent to confine, regardless of motive
36) Is B "confined" if A impedes her progress in 1 particular direction?
37) Is B "confined" if A confines her in an area with a reasonable exit, but B prefers to use the blocked exit?
38) Is "B" confined if on a yacht or a moving car?
39) Is "B" confined if door is unlocked, but A threatened her with harm if she leaves?
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
41) What if B is unaware of confinement, but is INJURED by it... False Imprisonment?
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?
No (= consent)

minority: "moral coercion" vitiates the consent
43) Officer reasonably suspects B of crime but B was innocent + Officer arrests B --> False Imprisonment?
44) IIED Elements
- extreme and outrageous conduct
- intentionally/recklessly causes
- severe ED
- to another
45) A intends to & does cause B ED. The ED causes B bodily harm. Is A liable for the bodily harm?
46) Can "bad manners" be IIED?
No b/c won't cause SEVERE ED.
47) Action won't normally (objective) cause someone ED, but A KNOWS that B has weakness/sensitivity. A liable?
48) Can high-pressure tactics by debt collector upon debtor to pay up be IIED?
Yes b/c = Outrageous
49) can high pressure tacticsby landlord seeking tenant to voluntarily leave = IIED?
Yes b/c = Outragous
50) Can mishandling dead bodies intended to inflict on ED upon next of kin be IIED?
Yes. It is PER SE outrageous.
51) When is common carrier, innkeeper or public utility liable for IIED?
Gross Insults + highly offensive nature
52) Business owner + gross insult + highly offensive nature --> IIED?
No b/c no special relationship (unlike innkeeper)
53) When IIED to bystander?
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
- A intends ED to the 3rd party (no transferred intent)
- or A knows 3rd party present
54) Trespass to Land

-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]
55) Who has burden of proof on:
Trespass to person (battery)?
Trespass to land?
Battery: P has burden b/c non-consent is an element

Land: D has burden b/c consent is a defense
56) Does an adverse posessor have "posession" necessary for Trespass to Land?
57) A (lessor) leases land to B (lessee). C trespasses. Who can recover against C:
- for the trespass?
- for permanent harm to the land?
For the trespass:
B, the lessee; B has "possession"; A does not.

For the damage: A; the land is his.
58) "Entry" if D casts objects upon P's land?
59) D's truck throws a stone from the highway onto P's land. Trespass?
No. D did not INTEND for the object to enter P's land.
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?
Yes. D had the intent to enter.
61) D has intent to enter P's land + causes harm + harm was not reasonably forseeable --> Liable for the harm?
62) D engages in ultrahazardous or abnormally dangerous activity
+ trespass occurs (e.g. object) + trespass unintentional
--> Can P recover?
RS: Yes if ACTUAL HARM results

Min: Yes
63) Can chemical particles, invisible to the naked eye, intruding onto P's property = trespass?
Yes (Oregon)

Test: put emphasis on object's energy or force NOT its size.
64) Low-flying aircraft: Trespass or nuisance?

Trend towards NUISANCE.
65) hot air balloonist D lands in P's garden; crowd rushes in to view the landing --> D liable?
Yes. Trespass + it caused harm
66) D interferes with P's possession + no actual harm --> damages?
67) Best defense to trespass?
Consent (actual or implied)

e.g. P misled D into thinking consent given
68) P consents to D's entry; D enters; P tells D to leave; D refuses --> Consent defense?
69) Licensee (e.g. restaurant visitor) enters, then abuses license, was he trespasser from the beginning under Trespass Ab Initio doctrine?
No, ancient Trespass Ab Initio doctrine rejected modernly. Liable only for tortious acts.
70) When does privilege to trespass (enter or use) apply?
1) Emergency + Protect D's person or property
71) D enters P's land + emergency privilege + damages land:
Trespass? No, or Yes but privileged
IF: protect self / protect public
No Trespass

Protect self --> D liable for damages for harm
Protect public --> NO LIABILITY (if act reasonably)
72) Intrusion of P's property:

Distinguish Eminent Domain from Police Power
Eminent Domain: taking it

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