Torts, Criminal And Contract Law

Front 1

Name the main intentional torts

Back 1

Battery, assault, false imprisonment and infliction of mental distress

Front 2

Define battery

Back 2

A volitional act of intentional infliction of a harmful or offensive bodily contact

Front 3

Define assault

Back 3

A volitional act that intentionally causes apprehension of harmful or offensive contact.

Apprehension in another that they are going to be hit or hurt

Front 4

Define volitional

Back 4

An act done under the defendants control

Front 5

Define intent

Back 5

Only need to know with substantial certainty that the outcome will occur

Front 6

Define transferred intent

Back 6

1.Intended to actual victim (victim to victim)

2.intended to actual tort ( tort to tort)

Front 7

Define offensive contact

Back 7

Any contact that is unpermitted

Front 8

What are the 3 tort categories

Back 8

1. Intentional torts 2. Strict liability torts and 3. Negligence.

Front 9

Define false imprisonment.

Back 9

The act of confinement of another

Front 10

What is the prima facie for false imprisonment.

Back 10

1. Act or omission to act on the part of the defendant that confines or reatrains the plaintiff to a bounded area.

2. Intent

3. Causation

Front 11

In a false impression claim are threats enough?

Back 11

Yes

Front 12

Do you need to be aware in a false impressionment claim

Back 12

Yes

Front 13

Define bounded area?

Back 13

Area where movement is restricted. Area is not bounded if there is a reasonable way to escape. Has to be more than an inconvenience.

Front 14

What is the prima facie for infliction of emotional distress

Back 14

1. Extreme or outrageous behavior

2.intent

3.causation

4. Damages

Front 15

What are ways to proven intent?

Back 15

Show the defendant had a purpose or knew with substantial certainty that the conduct would result.

Front 16

What are the three intentional torts regarding property?

Back 16

1. Trespass to land

2. Treapass to chattels

3. Conversion

Front 17

What is the prima facie for Trespass to land

Back 17

1. Act of physical invasaion; doesnt need to be aware that you are trespassing.

2.intent

3. Causation.

Front 18

Define prima facie of trespass to chattels and conversion

Back 18

1.Interfering with plaintiff right of posession.

2.Intent

3.Causation

3.Damages

Front 19

What is the difference between trespass to chattels and conversion.

Back 19

Some damage is for trespass to chattels.

Complete destruction or a lot of damage is conversion.

Front 20

Name something that can count as damages in a conversion claim

Back 20

Serious interference with possesory rights.

Front 21

Offer and acceptance is know as

Back 21

Mutual assent

Front 22

Definitely offer

Back 22

A manifestation of present willingness to enter into a bargain.

Front 23

Drfine promise

Back 23

A manifestation of intent that gives an assurance that a thing will or will not be done.

Front 24

Define unilateral contact

Back 24

A contract in which a promise is given in exchange for an act

Front 25

Define an accord

Back 25

An agreement to give or to accept a stipulated performance in the future in satisfaction or discharge of the obligors existing duty

Front 26

Define Contributory negligence

Back 26

an affirmative defense in which D's negligence and P's unreasonable risk of harm contributes to P's injury.

Front 27

Define Comparative negligence and how is it calcuated?

Back 27

P's contributory negligence is not a coplete bar to his recovery. P's damages are calculated and then reduced by the proportion which was P's fault

Front 28

What are the two types of comparative negligence

Back 28

Pure form and modified( partial) form

Front 29

Define "pure" comparative negligence

Back 29

P may recover a portion of his damages no matter how great his neligence in comparison to that of D

Front 30

Define "Modified"/ "Partial comparative negligence

Back 30

p recovers nothing if his negligence is greater than 50% or 51%

Front 31

Define assumption of risk

Back 31

Common law rule where P voluntarily assumes a risk of harm arising from the negligent or reckless conduct of D. P cannot recover.

Front 32

what are some exceptions to assumption of risk doctorine

Back 32

1. injury must be foreeseeable and 2. does not protect against reckless and intentional behavior.