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

1/15

Click to flip

15 Cards in this Set

  • Front
  • Back
7 INTENTIONAL TORTS
1.ASSAULT
2.BATTERY
3.CONVERSION
4.FALSE IMPRISONMENT
5.INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
6. TRESPASS TO LAND
7. TRESPASS TO CHATTELS
ASSAULT
To establish this claim, [plaintiff] must prove all of
the following:

[1. That [defendant] acted, intending to cause harmful
[or offensive] contact;
2. That [plaintiff] reasonably believed that [he/she]
was about to be touched in a harmful [or an offensive]
manner;]
[or]
[1. That [defendant] threatened to touch [plaintiff] in a
harmful [or an offensive] manner;
2. That it reasonably appeared to [plaintiff] that
[defendant] was about to carry out the threat;]
3. That [plaintiff] did not consent to [defendant]’s conduct;
4. That [plaintiff] was harmed; and
5. That [defendant]’s conduct was a substantial factor
in causing [plaintiff]’s harm.
BATTERY
To establish this claim, [plaintiff] must prove all
of the following:


1. That [defendant] [touched [plaintiff]] [or]
[caused [plaintiff] to be touched] with the intent to
harm or offend [him/her];

2. That [plaintiff] did not consent to the touching;
and

3. That [plaintiff] was harmed [or offended] by [defendant]’s conduct; [and]

[4. That a reasonable person in [plaintiff]’s situation
would have been offended by the touching.]
CONVERSION
1. That [plaintiff] [owned/possessed/had a right to
possess] a [personal property];
2. That [defendant] intentionally [insert one or more
of the following:]
[took possession of the [personal property] for
a significant period of time;] [or]
[prevented [plaintiff] from having access to the
[personal property] for a significant period of
time;] [or]
[destroyed the [personal property];]
3. That [plaintiff] did not consent;
4. That [plaintiff] was harmed; and
5. That [defendant]’s conduct was a substantial factor
in causing [plaintiff]’s harm.
FALSE IMPRISONMENT
To establish this claim,
[plaintiff] must prove all of the following:



1. That [defendant] intentionally deprived [name of
plaintiff] of [his/her] freedom of movement by use of
[physical barriers/force/threats of force/menace/fraud/
deceit/unreasonable duress]; [and]
2. That [plaintiff] did not consent;
3. That [plaintiff] was [actually] harmed; and
4. That [defendant]’s conduct was a substantial factor
in causing [plaintiff]’s harm.
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
1. That [defendant]’s conduct was outrageous;
2. [That [defendant] intended to cause [name of
plaintiff] emotional distress;]
[or]
[That [defendant] acted with reckless disregard of
the probability that [plaintiff] would suffer
emotional distress, knowing that [plaintiff] was
present when the conduct occurred;]
3. That [plaintiff] suffered severe emotional distress;
and
4. That [defendant]’s conduct was a substantial factor
in causing [plaintiff]’s severe emotional distress.
TRESPASS TO PROPERTY
A VOLITIONAL AND UNPRIVILEGED ENTRY ONTO THE LAND OF ANOTHER.

PRIVELEGE CAN BE GIVEN THROUGH TIME, SPACE, AND ALSO BY PURPOSE. PRIVELEGE CAN BE TERMINATED BASED ON THESE ELEMENTS.

A MISTAKEN BELIEF THAT ONE HAS CONSENT OR THAT THE PROPERTY IS ONES OWN IS NOT A DEFENSE.
TRESPASS TO CHATTELS
1. That [plaintiff] [owned/possessed/had a right to
possess] a [personal property];
2. That [defendant] intentionally [insert one or more
of the following:]
[interfered with [plaintiff]’s use or possession of
the [personal property];]
[or]
[damaged the [personal property];]
3. That [plaintiff] did not consent;
4. That [plaintiff] was harmed; and
5. That [defendant]’s conduct was a substantial factor
in causing [plaintiff]’s harm.
9. PRIVILEGES:
(DEFENSES TO INTENTIONAL TORTS)
1. self defense
2. consent
3. Authority of law
4. recovery of property

5. necessity
6. defense of property

7. defense of others
8. justification
9. discipline
CONSENT
A plaintiff may express consent by words or acts that are
reasonably understood by another person as consent.

A plaintiff may also express consent by silence or inaction
if a reasonable person would understand that the silence
or inaction intended to indicate consent.
SELF - DEFENSE
To succeed, [defendant] must
prove both of the following:


1. That [defendant] reasonably believed that [plaintiff] was going to harm [him/her]; and

2. That [defendant] used only the amount of force
that was reasonably necessary to protect [himself/herself]
DEFENSE OF OTHERS
To succeed, [defendant] must
prove both of the following:


1. That [defendant] reasonably believed that [plaintiff]
was going to harm [ANOTHER PERSON]; and

2. That [defendant] used only the amount of force
that was reasonably necessary to protect
[ANOTHER PERSON]
DEFENSE OF PROPERTY
THE PRIVILEGE TO DEFEND PROPERTY IS LIMITED TO THE USE OF FORCE REASONABLY NECESSARY TO THE SITUATION AS IT APPEARS TO THE DEFENDANT.

WHAT IS REASONABLE WILL BE DECIDED BY A JURY.
RECOVERY OF PROPERTY
(FALSE IMPRISONMENT DEFENSE):

IF ONE REASONABLY BELIEVES THAT
ANOTHER HAS UNLAWFULLY TAKEN
GOODS HELD FOR SALE, THEN THEY
HAVE THE PRIVILEGE TO DETAIN THAT
PERSON FOR A REASONABLE INVESTIGATION
OF THE FACTS.

(BATTERY DEFENSE):

REASONABLE FORCE CAN BE USED TO HOLD
ANOTHER WHO HAS TAKEN PROPERTY BY
UNLAWFUL MEANS.
NECESSITY
PUBLIC NECESSITY:
IN THE ABSENCE OF ANY LEGISLATION ON THE SUBJECT, A PUBLIC OFFICER WILL NOT BE ACCOUNTABLE IN TORT FOR ACTS COMMITTED IN PROTECTING THE GREATER PUBLIC FROM IMINENT HARM.

PRIVATE NECESSITY:
THE PRIVATE PARTY THAT CLAIMS NECESSITY WILL STILL BE LIABLE FOR DAMAGE CAUSED BY THEIR ACTION.