Torts

Front 1

Limits of self-defense / others

Back 1

A person who reasonably believes that he or another is about to be attacked may use reasonable force to protect from injury, and must limit that force to what is reasonably necessary.

Front 2

Validity of consent

Back 2

- based on reasonable interpretation of Ps conduct

Front 3

Conversion

Back 3

Severe invasion of personal property

Front 4

Trespass to chattels

Back 4

Modest invasion of personal property

Front 5

Trespass to land

Back 5

Physical invasion of Ps real property when P intends to get to location on or through property.

Front 6

Intentional infliction of emotional distress

Back 6

Defendant's extreme and outrageous conduct recklessly causes plaintiff severe emotional distress

Front 7

False imprisonment

Back 7

Act or omission that confines or restrains plaintiff to a bounded area.

Front 8

Assault

Back 8

Plaintiff placed in reasonable apprehension of immediate battery

Front 9

Battery

Back 9

Harmful or offensive conduct to the plaintiff's person

Front 10

Prima facie for intentional tort

Back 10

1. Defendant acts of own volition
2. Intent: (a) defendant intends to bring about specific consequences; or (b) knows with substantial certainty that consequences will resut; or (c) transferred intent.
3. Causation: Ds conduct was substantial factor

Front 11

NY ability / limitations on use of deadly force

Back 11

Must retreat if feasible before using deadly force, unless (1) cant do so safely; (2) are in own dwelling; (3) are a cop; (4) are assisting a cop.

Front 12

Before defending property, must ______ unless ____ or ____. And may not ______

Back 12

1. request to desist first
2. it would be futile or dangerous
3. if there is hot pursuit

4. claim mistake regarding whether entrant has privilege that supercedes property right.

Front 13

General rule for recapture of chattels.

Back 13

Only peaceful methods permitted, except when in hot pursuit, in which case reasonable force is allowed.

Front 14

Recapture of chattels may be from _____ or ______.

Back 14

1. tortfeasor only
2. someone who knows or should know that chattels were tortiously obtained

Front 15

Rule re entering land to remove chattels

Back 15

1. Wrongdoer's land: may enter to reclaim in a reasonable manner
2. Innocent party's land: May enter when owner has been given notice and refuses to return chattel. Liability for damages to land.

When chattel is on land because of owner's fault, no privilege.