Torts

Front 1

Act

Back 1

The act requirement for intentional tort liability refers to a volitional movement on the defendant's part

Front 2

Intent

Back 2

Specific Intent: An actor intends the consequences of his conduct if his purpose in acting is to bring about these consequences

General Intent: An actor indents the consequences of his conduct if he knows with substantial certainty that these consequences will result

Front 3

Battery

Back 3

1) intent to contact without permission

2) Intend contact that is harmful/offensive directly or indirectly

3) Touch occurs

Front 4

Assault

Back 4

Acts intending of imminent apprehension of harmful or offensive contact, and other is put in such apprehension

Intent
Apprehension
Imminent
Harmful

Front 5

Defenses to Assault and Battery

Back 5

Consent: Person voluntarily relinquishes their right to be free from harmful or offensive contact or the imminent apprehension of such contact. Consent can be either EXPRESS or IMPLIED. Consent to Contact, not consent to harm. Once given, must clearly convey intent to revoke consent.

Elements of Consent:

1) Knowing

2) Informed - If defendant conceals an important fact that would affect decision, not informed consent.

3) Voluntary

4) Either Express or Implied

Front 6

Defense of Self and Others

Back 6

Proportionality is a general determining factor for level of force usable in self-defense

Six factors of reasonableness of using deadly force:

1) reputation of attacker
2) Belligerence of attacker
3) Size and strength difference between parties
4) Overt act by attacker
5) Threats of serious bodily harm
6) Impossibility of peaceful retreat