Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
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 |
