Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/19

Click to flip

19 Cards in this Set

  • Front
  • Back
What are the major intentional torts?
ABC FITT
1. Assault
2. Battery
3. Conversion
4. False Imprisonment
5. IIED
6. Trespass to Land
7. Trespass To Chattels
In the context of intentional torts what does "intent" refer to?
1. a person's DESIRE that certain consequences result from his actions OR

2. knowledge that those results are substantially certain to occur as a result of his actions
What is the difference between NEGLIGENCE and INTENT?
Negligence- turns upon liklihood of a result-conduct creates a foreseeable risk of harm

Intent- involves desire- want a result to occur or know with substantial certainty that result will occue whether you want it or not
What is an act?
A voluntary muscular (bodily) movement
What is transferred intent?
It arises when you intent to intend to commit a tort against one person but injury results to another instead -- your intent is deemed to be transferred from the intended victim to the actual one
What are the 5 torts covered by the doctrine of transferred intent?
1. Assault
2. Battery
3. False Imprisonment
4. Trespass to Land
5. Trespass to Chattels
What are the elements of BATTERY?
ACT- voluntary act

INTENT- to cause a harmul or offensive contact OR apprehension of such harmul offensive contact

HARMFUL/OFFENSIVE CONTACT with P's person resulted

CAUSATION- D's act indirectly or directly caused the harmful/offensive contact
How is harmful or offensive conduct defined?
Conduct that would ahrm or offend a REASONABLE PERSON OF ORDINARY SENSIBILITIES.

-does not include everyday touhings/ common gestures

Does not matter if V is harmed or offended if the reaosnable person would be
What are the defenses to battery?
1. consent
2. self defense
3. defense of others
4. defense of property
5. retaking of land
6. defense of chattels
7. necessity
8. discipline
9. detention for investigation (shopliftinh)
10. legal authority
What damages are recoverable for battery?
All physical and mental injuries flowing from the wrongful conduct;

if P can't prove actual damges then he may get nominal damages
What constitutes the "plainitff's person"
The plaintiff's person includes those things immediately associated with P

EXAMPLES
- clothing
-things P is holding
car in which P is riding
- chair P is sitting on
What are the elements of ASSAULT?
ACT- voluntary act

APPREHENSION- D's act created in P an apprehension of IMMINENT harmful or offensive conduct

INTENT

CAUSATION
Can words alone constitute an assault?
NO- words alone lack the requisite immediacy, a vberbal threat by itself is never an assault

Words can negate conduct that would otherwise be an assault. Words can suggest
-conduct is a joke
-threat is not imminent
-threat is conditional or hypothetical
For an assault must the victime be afraid?
NO

It must appear to P that D has the present ability to carry out the threat

assault is not negated by the fact that the V can avoid the contact by complying with some unlawful demand
What are the elements of FALSE IMPRISONMENT?
ACT- voluntary act

CONFINEMENT- D's act confined P to a BOUNDED AREA via physical restraints or force

INTENT-D intended to confine or restrain P within a bounded area (negligence not sufficient)

CAUSATION

AWARENESS(OR HARM)-That either P was aware of the confinement while it occurred OR P was actually harmed by it
If there is a reasonable means of escape can could an area be considered bounded?
YES- P must be AWARE of the of the means as escape, it is not the existence of such means of escape that matters, but P's KNOWLEDGE of it

-- the means of escape must be REASONABLE, thus P need not take a dangerous means route to escape
For false imprisonment must the restraint be physical?
NO- Restraint can take the form of

--THREATS OF FORCE if the P tries to leave
or

-- DURESS (threats of harm to P's property or family)
What is FALSE ARREST
A type of false imprisonment;

Wrongful confinement under color of legal authority
What are the elements for FALSE ARREST?
P is required to prove:

1. D asserted the legal authority to detain P (whether or not he really had that authority)

2. P believed D had the authority to detain him

3. P submitted to D's authority against his will