Torts 1

Front 1

Assault

Back 1

4 elements:
1. Intentionally cause apprehension of contact.
2. Reasonable apprehension of immediate harmful or offensive contact.
3. Requires an overt act.
4. Apparent ability to make contact.

Front 2

Battery

Back 2

3 elements:
1. Intentional act.
2. Harmful or offensive contact.
3. No consent.

Front 3

False Imprisonment

Back 3

4 elements:
1. Intent to confine
2. Unconsented detention with boundaries fixed by defendant with no reasonable means of escape.
3. Force, threat of force, or color of legal authority
4. Victim's awareness of confinement or injury by the confinement

Front 4

Trespass to Land

Back 4

2 elements:
1. Physical Invasion
2. No consent by owner

Front 5

Physical Invasion

Back 5

3 variations:
1. Intention to intrude without Authority or privilege
2. Interference with possession of another's property, in person or by object
3. Mistake of fact regarding ownership is no defense

Front 6

Intention Infliction of Emotional Distress

Back 6

4 elements:
1. Intentional or reckless act
2. Act of extreme or outrageous conduct
3. Causation
4. Severe emotional damage

Front 7

Conversion

Back 7

2 elements:
1. Intentional exercising of dominion or control over property
2. Serious interference with property's use
*Defendant my justly be required to pay full value (to buy it).

Front 8

Trespass to Chattel

Back 8

4 elements:
1. Intent to affect chattel
2. Interference of chattel by dispossession or physical contact
3. No consent
4. Damages (due to substantial loss of use)

Front 9

Dispossession

Back 9

5 Variations:
1. Taking without consent
2. Taking into custody
3. Obtaining by fraud or duress
4. Barring access to
5. Destroying

Front 10

Consent

Back 10

willingness; the plaintiff's consent to a tortious act negates the wrongful element of the defendant's conduct and prevents the existence of a tort.

Front 11

Recapture of Chattel

Back 11

privilege; an owner/possessor, wrongfully dispossessed by fraud or force, may take prompt action and use reasonable, non-deadly force to recapture the chattel.

Front 12

Capacity to Consent

Back 12

consent is ineffective if youth or mental deficiency precludes a person from appreciating the nature, extent, or possible consequences of the conduct.

Front 13

Defense of Property

Back 13

privilege; a person may use reasonable force to defend property.
*deadly force may never be used to repel a threat to land or chattel, unless it there is also a threat to the defendant

Front 14

Intent and Mistake

Back 14

mistaking the identity of person or thing is irrelevant to the question of whether the D had legal intent to make contact with the person or thing.
*P cannot induce the mistake

Front 15

Privilege to Detain for Investigation

Back 15

privilege (shopkeepers); if a request has been made and refused, reasonable force may be used:
1. to detain temporarily
2. in or near the store
3. one reasonably suspected of theft
4. for the purpose of a reasonable investigation

Front 16

Necessity

Back 16

exist if it is necessary to invade the interest of the plaintiff in order to prevent greater harm;
the privilege is never greater than the necessity

Front 17

Defense of Others

Back 17

privilege; may be invoked by anyone who reasonably believes that force is necessary to protect another from physical harm.

Front 18

Self-Defense

Back 18

privilege; the self-protection of one's person from harm by an aggressor, in a way & under circumstances that the law recognizes as justifying the protective measures.

Front 19

Private Necessity

Back 19

if the acts are merely to protect personal interest or the interests of a few persons, there is liability for the harm actually incurred

Front 20

Extreme or Outrageous

Back 20

4 sub-elements:
1. Known sensibilities of victim
2. Content of actions relevant
3. Personality of the victim relevant
4. One party has power over the other