Torts

Front 1

Elements of intentional torts 5

Back 1

1. Voluntary act

2. Intent

3. Causation

4. Harm

5. Lack of privilege or defense

Front 2

Battery definition

Back 2

a battery is an intentional act that causes a harmful or offensive (inflict pain/impairment or objective test) contact with the plaintiff or with something closely connected there to.

Front 3

Assault definition

Back 3

an assault is an intentional act that causes the plaintiff to experience a reasonable apprehension of an immediate harmful or offensive contact. Objective test. Impossibility irrelevant.

Front 4

False imprisonment

Back 4

an intentional act that causes a plaintiff to be confined or restrained to a bounded area against the plaintiff's will, and the plaintiff knows of the confinement or is injured there by. Intent= purpose/ virtually certain. Brief confinement liability but proportional damages. Escape exit= no confinement.

Front 5

Intentional infliction of emotional distress

Back 5

an intentional or reckless act amounting to extreme and outrageous conduct that causes the plaintiff severe mental distress. Intent= purpose / reckless risk creation (disregarded high risk).

Front 6

IIED: Extreme and Outrageous Conduct defined

Back 6

unacceptable behavior in civilized society. Words not offensive except: common carrier, innkeeper, boss, plaintiff with known sensitivity (elderly, children, pregnant women).

Front 7

IIED: severe distress define (4 parts)

Back 7

Severe= More than reasonable person would expect; ED= substantial; Outrageous conduct sliding scale for proof; Physical proof not necessary in majority.

Front 8

IIED: Third party bystander

Back 8

Transfered intent applicable ONLY when: close family intended and D knew P was there; OR physical harm and D knew P was there.

Front 9

Trespass to land definition

Back 9

Intentional act that causes a physical invasion of the plaintiff land.

Front 10

Trespass to land details (4)

Back 10

General intent. Mistake IS NOT a defense. P must have actual or right to immediate possession. Owner without right to possession cannot bring action.

Front 11

Trespass to land physical invasion element (4)

Back 11

Physical invasion= D enters; causes entry of object or 3rd person; enters legally but stays even w/ legal duty to leave; or fails to remove object when legally supposed to.

Front 12

Trespass to land exam tip

Back 12

Anytime there is a trespass to land claim considered nuisance and strict liability when something enters and causes harm to land.

Front 13

Trespass to land: Damages

Back 13

Typically nominal with no damage

D liable for harm caused

Punitive when: willful or malicious act

Front 14

Trespass to land: ejectment definition & elements (3)

Back 14

An action at law to recover possession of real property

1. Proof of Legal title

2. Proof of right to possession

3. D's wrongful possession

Front 15

Trespass to land: damages (2)

Back 15

1. Recover property

2. Mesne damages: greater of reasonable rental OR D's benefit gained

Front 16

Trespass to chattels: definition (3)

Back 16

1. Intentional act by the defendant that

2. interferes with the plaintiff chattel (P has right to possession),

3. causing harm.

Front 17

Trespass to chattels: intent (3)

Back 17

Must have physical act

General intent

Mistake IS NOT a defense

Front 18

Trespass to chattel: chattel must be

Back 18

Tangible personal/ intangible property w/ physical representation.

Front 19

Trespass to chattels: actual damages

Back 19

1. Proof of damages is an element in the cause of action

2. Includes loss-of-use value( rental)

Front 20

Conversion definition

Back 20

Intentional act by a defendant that causes

the destruction of or a serious and substantial interference with

the plaintiff's chatel

Front 21

Conversion: intent (2)

Back 21

General intent. Mistake IS NOT a defense.

Front 22

Conversion: destruction for serious and substantial interference aka

Back 22

Exercise by D of dominion and control over chattell.

Front 23

Trespass to chattels vs. Conversion distinguish

Back 23

The longer the time of interference and greater use by defendant changes from tresspass to conversion

Front 24

Six types of conversion Acts

Back 24

1. Wrongful acquisition ( theft, embezzlement, receiving stolen property).

2. Wrongful transfer (selling, Miss delivering, or pledging)

3. Wrongful detention (withholding from owner)

4. Loss, destruction, or severe damage

5. Material alteration

6. Significant misuse

Front 25

Compare Trespass to chattell and conversion

Back 25

Front 26

Replevin defined

Back 26

An action at law for the recovery of specific channels that have been wrongfully taken or detained. Aka "claim and delivery"

Front 27

Replevin

Back 27

1. Recover possession at beginning of action

2. P posts bond in case court finds for D. D can post bond if he wishes to retain until action has concluded.

3. No seizure of chattel until hearing to determine P's rights.

4. Deprivation damages recoverable

5. Not available for intangible property

Front 28

Defenses and privileges to intentional torts: POPCANS

Back 28

P: privilege

O: defense of Others

P: Defense of property

C: consent

A: authority

N: necessity

S: self-defense

Front 29

Intentional torts: privilege

Back 29

1. Consent

2.protection of personal or public interest

Front 30

Intentional torts: consent

Back 30

1. Must not exceed consent

2. Express

3. implied (objective test)

4. Matter of law: P unable to consent and: emergency to prevent death or injury; objective test would consent; no valid reason P would not consent.

Front 31

Intentional tort: consent invalid when (5)

Back 31

1. Mistake

2. Fraud

3. Duress

4. Incapacity

5. Violation of criminal statute

Front 32

Intentional torts: self defense

Back 32

Reasonably necessary Force to prevent the plaintiff from engaging in an imminent and unprivileged attack. Equal force. D subjectively believes based upon an objective basis.

Front 33

Intentional torts: defense of others

Back 33

Same as self-defense ( reasonable Force to prevent the plaintiff from engaging in an imminent and unprivileged attack).

Reasonable mistake doctrine. D can make a reasonable mistake and avert liability

Front 34

Defense of property

Back 34

A defendant is permitted to use reasonable Force to prevent a plaintiff from committing a tort against the defendants property. Never deadly force. Must demand return first.

Front 35

Necessity

Back 35

a defendant is permitted to injure a plaintiff property if this is reasonably necessary (objective test) to avoid a substantially greater harm to the public, to himself, or to his property.

Mistake ok= objective test.

Private necessity= threatened harm > potential harm of actions

Public necessity= threatened harm must be severe (disaster) & no liability

Front 36

Authority: arrest

Back 36

for the defendant is a police officer acting pursuant to a duly issued warrant, valid on its face, he is not liable in tort for the fact of arrest. Not liable where police or citizen acting to prevent felony or where P committed felony.

Front 37

Shopkeepers privilege (5)

Back 37

Reasonable:

1. suspicion,

2. Force,

3. Time,

4. Manner,

5.at premise or close

Front 38

Negligence elements

Back 38

1. Duty

2. Breach

3. Causation

4. Damages