Torts

Front 1

What INTENT is required for intentional torts?

NY/MBE

Back 1

MBE: intent to do the act that causes the harm

NY: intent to do harm, need to allege and prove damages

Front 2

Elements of battery

Back 2

Harmful/offensive contact; with P's person

Front 3

what is offensive contact?

Back 3

unpermitted by a person of ordinary sensitivity.

Front 4

What defines contact with P's person?

Back 4

contact with P or anything P is holding or touching

Front 5

What is the timing requirement for battery?

Back 5

It does not have to occur instantaneously.

Front 6

Elements of assault

Back 6

reasonable apprehension; of an immediate battery

Front 7

Do threats alone without conduct count for assault (immediacy) or false imprisonment (act of restraint)?

Back 7

assault, no.
false imprisonment, yes.

Front 8

What is "apprehension" for battery tort?

Back 8

Knowledge that P can be touched/battered. see David and Goliath example- ask what does P actually know? Courage or fear do not count. Must be reasonable.

Front 9

can an omission be an act of restraint for false imprisonment?

Back 9

yes.

Front 10

What constitutes a confinement in a bounded area?

Back 10

NO reasonable means of escape that plaintiff can reasonably discover.

Humiliating, disgusting, dangerous exit is not reasonable means of escape.

Even if you escape later on, still FI.

Front 11

Elements of IIED

Back 11

outrageous conduct and severe emotional distress

Front 12

What is outrageous conduct?

Back 12

Exceeds all bounds of decency... insults don't count, neither do first amend rights

Hallmarks: continuous, common carrier/innkeeper, fragile plaintiff, known emotional weak spot

Front 13

What is needed to show severe distress?

Back 13

Mildly annoyed does not count! Don't need to show physical symptoms or medical evidence.

Front 14

Elements of Trespass to Land

Back 14

Act of physical invasion, and act interferes with P's possession of the land; D deliberately entered the location.

*No Intangible Objects*
Air & Soil above within reasonable distance

Front 15

TRESPASS TO CHATTEL VS CONVERSION

MBE, NY

Back 15

Chattel is less significant interference than conversion. Conversion entitles P to full value.

NY: bonafide purchaser of stolen goods isn't liable for conversion.

Front 16

Affirmative Defenses to Intentional Torts

Back 16

Consent, protective privileges, necessity

Front 17

How can consent be implied?

Back 17

body language and customary practice. reasonableness test, scope.

Front 18

What are the 3 protective privileges?

Back 18

Self defense, defense of others, defense of property

Front 19

Can you use deadly force as a protective privilege?

Back 19

Yes if it is proportional- threat of death or reasonable belief that it exists- but NO if defense of property.

NY must try to retreat first (unless a cop or no safe retreat, or own house)

Front 20

What is the difference between public and private necessity?

Back 20

public- to protect a group of people or public. no damages.

private- protect self or D, liable for actual or compensatory, no nominal/punitive.

RIGHT OF SANCTUARY

Front 21

What are the 3 elements of defamation?

Back 21

defamatory statement identifying P
publication
damages

Front 22

What makes a statement defamatory?

Back 22

purported fact will reflect negatively on reputation of P

- NOT namecalling, opinions not based in fact

Front 23

What is the requirement for publication?

Back 23

DE MINIMIS. Only one other person necessary to share with.

Front 24

What are the slander per se categories and what do you need to prove for them?

Back 24

Do NOT need to prove damages for these (must show econ damage for other kinds)

business, moral turpitude, unchastity, loathsome disease

Front 25

If defamation relates to a public concern, what is the special analysis?

Back 25

P needs to also prove falsity of statement and degree of fault by D. If public figure, needs to show intent/reckless. If private, negligence is enough.

Front 26

What are the affirmative defenses to defamation?

Back 26

Consent, truth, absolute/qualified privilege

Front 27

What constitutes absolute and qualified privileges for defamation? What do you need to claim privilege?

Back 27

ABS- spouses, govt officers, fair reporting privilege

QUAL- strong social interest in encouraging honesty, like letter of rec, talking to police.

NEED to have reasonable belief claim is true, and must confine to relevant matters.

Front 28

What are the elements of abandoned v. lost property?

Back 28

ABANDONED: owner gave up title. LOST: true owner has superior claim, accidentally gave up possession but not title.

Front 29

What are the requirements for an inter vivos gift?

Back 29

donative intent, acceptance and delivery

Front 30

What is required for a gift causa mortis?

Back 30

Imminent risk of death that is likely to occur, only valid if donor actually dies, invalidated if donee dies first

Front 31

What are the elements of a lien?

Back 31

Debt relating to a service, creditor has possession of the item in possession, debtor retains title to property

Front 32

What is the difference between general and specific lien?

Back 32

A general lien: creditor’s right to retain property as security for general balance due (self-storage gives one item back, still has lien on rest until you pay rent)

Special lien: right to retain specific property in connection w/ service performed on the item (i.e., mechanic & car) (released if he gives it to you)

Front 33

What is a bailment? Is a parking lot a bailment? What about things inside other things?

Back 33

Arises when you voluntarily give possession of property to another for specific purpose but you retain title.

Things inside other things: normal things bailment (scarf in pocket, tire in trunk), extraordinary things not

Safe deposit box: exception. everything is a bailment.

Parking lot: if it is parked and locked but you keep keys, NOT bailment, but if you leave keys, is bailment