Torts 2

Front 1

INTENT

Back 1

1. It is a state of mind
2. About a consequence of an act (or omission) and not about the act itself, and
3.It extends not only to having in the mind a purpose (or desire) to bring about given consequence but also having in mind a belief (or knowledge) that given consequences are substantially certain to result from the act.

Front 2

ACT

Back 2

A voluntary contraction of the muscles, and nothing more. An involuntary muscular movement of a sleeping or otherwise incapacitated person will not support liability.

Front 3

TRANSFERRED INTENT

Back 3

1. If a party intended to commit a tort against one person but a second person is injured, the tortfeasor is held to have the intent necessary for liability to the second person.
2. If an actor intends to commit one intentional tort but actually commits a different intentional tort, he is held to have intent necessary for the second tort.

Front 4

BATTERY

(Half Off Car Parts In Camden)

Back 4

1. Harmful or Offensive Contact
2. Plaintiff's person
3. Intent to make Contact

Front 5

PUNITIVE DAMAGES

Back 5

Compensation that is over and above what is adequate for injury for purposes of punishing a defendant. Must be malice, wanton conduct deserving of additional deterrence.

Front 6

ASSAULT

Back 6

1. Reasonable Apprehension
2. Immediacy of Harmful or Offensive Contact
3. Intent

* It is usually held that the defendant's act must amount to an offer to use force, and there must be an apparent ability and opportunity to carry out threat immediately.

Front 7

POLICY: ASSAULT/BATTERY

Back 7

1. Loss Distribution: interest of justice to split loss between parties.
2. Autonomies in Conflict: Where does one end? the other begin?
3. Corrective Justice: Compensate victim to extent of blameworthiness

Front 8

TRESPASS QCF (PROPERTY)

Back 8

1. Possession
2. Intent
3. Direct Invasion

Front 9

"CUNJUS EST SOLUM ENJUS USQUE AS COELOM ET AD INFEROS"

Back 9

He who has the soil own upward unto heaven and downward to hell

Front 10

POLICY:TRESPASS QCF

Back 10

Autonomy: The interest of the landowner is protected at the expense of those who make mistakes.

Front 11

TRESPASS TO CHATTELS

Back 11

1. Possession or right to possess
2. Intent
3. Interference with possession
4. Actual Damages required

Front 12

CONVERSION

Back 12

1.Possession or right to possess
2. Intent
3. Substantial Interference
4. Damages (Differs from Tresspass d.b.a in degree: lil bro of conversion) Remedy = forced sale, payment of full value

Front 13

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Back 13

1. Intent
2. Severe Emotional Damage
3. Extreme and Outrageous Conduct

Front 14

FALSE IMPRISONMENT

Back 14

1. Intent
2. Restraint Confinement
3. No justification or consent
4. Conscious of or harmed by restraint

Front 15

CONSENT

Back 15

Consent or permission relieves a defendant from liability. A plaintiff has the burden of proving that there was no consent.

Front 16

EXPRESS CONSENT

Back 16

Exists where a plaintiff directly states a willingness to accept a defendant's conduct

Front 17

IMPLIED CONSENT

Back 17

Exists where a plaintiff's behavior suggests consent to a defendant's actions. Consent may be implied by four ways:
1. Objective Manifestation: entering a crowded bus, consent to be shoved
2. Subjective Manifestation: consent may be shown from a plaintiff's actions towards a third party.
3. Implied by Law: Consent is implied by law when it is in the best interest of a party, emergency doctrine.
4. Inaction

Front 18

BARS TO EFFECTIVE CONSENT (I'M FACED)

Back 18

1. Mistake
2. Fraud
3. Act is Criminal
4. Extreme Duress

Front 19

SELF-DEFENSE

Back 19

One is allowed to use reasonable force to defend against a threat of imminent harmful or offensive contact or threat of confinement.
1. Reasonable Belief
2. Reasonable Force

Front 20

DEFENSE TO OTHERS

Back 20

The majority view is that one acting upon a reasonable belief in the protection of another may use the same amount of force that the person being defended would be entitled to.

Front 21

DEFENSE TO PROPERTY

Back 21

One may use reasonable force to protect one's property after making a verbal demand that the invasion of the property be stopped.
1. Reasonable Force
2. Verbal Demand

Front 22

RECOVERY OF PROPERTY (FRUIT)

Back 22

A property owner can recover a chattel if the following elements are met:
1. Reasonable Force
2. Right Wrongdoer
3. Unlawful Possession
4. In Hot Pursuit
5. Timely Oral Demand

Front 23

NECESSITY

Back 23

A party is privileged to interfere with another's property to avoid an injury threatened by some force of nature or from some independent cause not connected to the property owner.

Front 24

PUBLIC NECESSITY

Back 24

If a danger affects an entire community, or so many people that the public interest is at stake, a defendant has an absolute privilege to avert the peril and is not liable for damages.

Front 25

PRIVATE NECESSITY

Back 25

If a danger affects only a person's personal interest, the harm to another's property interest is weighed against the severity and likelihood of the danger to determine whether the person has a privilege. Even with a privilege, the person still has to pay the other for the damages caused.

Front 26

NEGLIGENCE

Back 26

1. Duty
2. Breach
3. Causation
4. Damages

Front 27

EMERGENCY RULE:

Back 27

1. Unconscious or incapable to accept or reject treatment and without an agent.
2. Time is of the essence
3. A reasonable person would consent