Torts

Front 1

intentional torts

Back 1

a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ABC FITT

Front 2

assualt

Back 2

threatening or attempting to inflict immediate offensive physical contact or bodily harm that one has the present ability to inflict and that puts the victim in fear of such harm or contact

Front 3

battery

Back 3

intentionally or recklessly causing offensive physical contact or bodily harm (as by striking or by administering a poison or drug) that is not consented to by the victim

Front 4

transferred intent doctrine

Back 4

in both criminal and tort (civil wrong) law, when an intent to cause harm to one person results in harm to another person instead of the intended target, the law transfers the intent to the actual harm. Examples: With malice aforethought Nate Nogood intends to shoot his girlfriend and misses her, and the bullet hits a passerby, killing him. Nogood may be charged with first degree murder since the intent to commit murder is transferred to the actual crime. Steve Swinger takes a punch at Harvey Hasgood, his hated enemy, misses Hasgood and hits Hasgood's date, Teri Truehart in the nose, breaking it. Truehart can not only sue Swinger for damages due to the assault, but can claim punitive damages because the malice against Hasgood attaches to the hit upon Truehart.

Front 5

substantial certainty doctrine

Back 5

Holds that where the defendant does an act with the realization that it is substantially certain to result in a touching, the defendant is deemed to have intended the result and is liable for the battery.

Front 6

false imprisonment

Back 6

The intentional confinement of the plaintiff by the defendant, without consent and without legal privilege.

Front 7

intentional infliction of emotional or mental distress

Back 7

intentional conduct that results in mental reaction such as anguish, grief, or fright to another person’s actions that entails recoverable damages.
1.Defendant acted intentionally or recklessly; and 2.Defendant’s conduct was extreme and utrageous; and 3.Defendant’s act is the cause of the distress; and
4.Plaintiff suffers severe emotional distress as a result of defendant’s conduct.

Front 8

trespass to land

Back 8

intentional and wrongful invasion of another's real property

Front 9

trespass to chattel

Back 9

intentionally interfered with another person's lawful possession of a chattel (movable personal property). The interference can be any physical contact with the chattel in a quantifiable way, or any dispossession of the chattel (whether by taking it, destroying it, or barring the owner's access to it).

Front 10

conversion

Back 10

A conversion is a voluntary act by one person inconsistent with the ownership rights of another.[1] It is a tort of strict liability.[2] Its criminal counterpart is theft. Elementsthe plaintiff has clear legal ownership or right to possession of the property at the time of the conversion;
the defendant's conversion by a wrongful act or disposition of plaintiff's property rights; there are damages resulting from the conversion.

Front 11

trespass Ab Initio

Back 11

AB INITIO, from the beginning. 2. When a man enters upon lands or into the house of another by authority of law, and afterwards abuses that authority, he becomes a trespasser ab initio.

Front 12

Private Nuisance

Back 12

a civil wrong; it is the unreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment or use of another individual's property, without an actual Trespass or physical invasion to the land.

Front 13

Public Nuisance

Back 13

a criminal wrong; it is an act or omission that obstructs, damages, or inconveniences the rights of the community.

Front 14

consent

Back 14

a voluntary agreement to another's proposition. 2) v. to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations.

Front 15

The defense of self defense

Back 15

The protection of one's person or property against some injury attempted by another. the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger. Self-defense is a common defense by a person accused of assault, battery, or homicide. The force used in self-defense may be sufficient for protection from apparent harm (not just an empty verbal threat) or to halt any danger from attack, but cannot be an excuse to continue the attack or use excessive force.