Torts

Front 1

Intentional torts

Back 1

- Sensitivity of Plaintiff doesn't matter for if there is a cause of action. (assume ordinary sensitivity)
- Incapacity is not a defense
-Intent is always an element.
- Transferred Intent

Front 2

Battery

Back 2

1) D commits a harmful or offensive contact.
- Offensive is offensive to reasonable person
2) That contact must be w/ the P's person
- Includes anything that P is touching (cane, purse, etc.)

Front 3

Assault

Back 3

1) D must place P in a reasonable apprehension (knowledge)
2) Apprehension must be of an immediate battery.
- Words alone no good. Need an accompanying gesture.
- Words can negate immediacy.
- Conditional words
- words in future.

Front 4

False Imprisonment

Back 4

1) D must commit an act of restraint.
- Threats are sufficient (Reasonable Person)
- Omission can count if failing to carry out a duty.
- P must know of the act OR be harmed by it.
2) P must be confined in a bounded area.
- Not bounded if there is a reasonable means of escape that the P can reasonably discover.

Front 5

Intentional Infliction of Emotional Distress

Back 5

1) D must engage in outrageous conduct.
- reckless is sufficient. Intent not nec'y.
- Conduct is outrageous when it exceeds all bounds of decency tolerated in a civilized society.
- Mere insults are not outrageous or if D is exercising 1st amendment rights, no liability.
- Factors for outrageousness: repetitiveness, D is innkeeper/common carrier, P is member of class of fragile types of person (children, elderly, pregnant)
- If you know of P's hypersensitivity and expose it, it is outrageous.

2) P must suffer from severe emotional distress. (subjective)

Front 6

Trespass of Land

Back 6

1) D must commit an act of physical invasion
- Enter property. (D doesn't need to know he crossed a boundary. Intent is getting there on your own)
- Throwing, propelling, or projecting a tangible object onto P's land.

2) That act must interfere w/ the P's exclusive possession of land.
- Cause of action belongs to person in possession. Not Nec'y the owner.
- Is considered a physical invasion and interference to enter air above the property.

Front 7

Trespass of Chattels/Conversion

Back 7

1) Intentional interference w/ an item of personal property.
- Physical (Destroy) or Deprive (Theft)
2) Modest interference= Trespass to chattels
- Remedy limited to actual damage caused.
2) Sever Interference= Conversion
- Can recover full fair market value of property in question

Front 8

Affirmative Defenses- Consent

Back 8

- Defense to all intentional torts
- P needs capacity to give consent
>Children can give consent to age appropriate activities.
- Express consent
> Not valid if obtained through fraud or duress.
- Implied Consent
> Customary practice
> Body language consent
- All consent has a scope.

Front 9

Affirmative Defenses- Self-defense, defense of others, defense of property (Protected privileges)

Back 9

1) Proper Timing- Must respond to a threat that is in progress or imminent. (NO revenge)
2) Reasonable belief that the threat is genuine.
3) Can only use force nec'y to respond to force being used.
- NY DISTINCTION- Not allowed to use deadly force if retreat is possible. Duty of retreat unless unable to do so safely or in own dwelling.

Front 10

Affirmative Defenses- Necessity

Back 10

- Defense to all 3 property torts
- Public necessity- D commits a property tort in an emergency to protect the community as a whole or a significant group of people. D not liable.
- Private necessity- D commits property tort in emergency to protect own interest.
> D liable for compensatory damages.
> D not liable for nominal or punitive damages.
> As long as emergency continues, D has right to stay on P's property.