Torts

Front 1

Battery

Back 1

Intentional, direct or indirect, harmful or offensive touching of another, without justification or excuse.

Front 2

Assault

Back 2

Intentional placing of another in apprehension of imminent bodily contact, with the apparent ability to carry it out.

- awareness is essential for assault.

Front 3

IIED

Back 3

Intentional or reckless, extreme and outrageous conduct that causes another severe emotional distress, absent privilege.

- IIED does not transfer.

Front 4

False Imprisonment

(False Arrest)

Back 4

1. The intentional, unlawful restraint of another through force or threat of force which confines one to a bounded area where one is aware of or harmed by it, absent justification or excuse.

2. Arises when one is taken into custody by someone who claims but does not have proper legal authority

Front 5

Trespass to Land

Back 5

intentional, unlawful entry upon land in the possession of another.

Front 6

Trespass to Chattels

Back 6

unlawful use or intentional intermeddling with the property of another, without consent or privilege and one of three things:

1. Chattel is impaired as to condition, quality or value

2. Possessor is deprived of the use of the chattel for a substantial time

3. bodily harm is thereby caused to the possessor or harm is caused to some person or thing in which the possessor has a legally protected interest

Front 7

Conversion

Back 7

Intentional exercise of dominion and control over a chattel which so seriously interferes with another's right to control it that the actor may justly be required to pay the other the full value of the chattel.

(DRAMDRU - manners of conversion)

EAGHI - Factors to establish conversion (over tresspass to chattels)

Front 8

Specific Intent

Back 8

Purpose or design to do a given act and accomplishing that act.

Front 9

General intent

Back 9

Setting in motion a chain of events, knowing with substantial certainty that the outcome is likely to occur.

Front 10

Transferred Intent

Back 10

The intent for a tort may transfer to another if committed by the same action OR a tort meant for one person occurs to another.

(FATTB) - torts that can have transferred intent.

Front 11

Discipline

Back 11

privilege given to a parent or one who is deemed to stand in place of a parent.

Front 12

Consent

Back 12

Three types:

Express - one gives consent directly (orally or written).

Implied - Consent is implied by circumstance - exigent circumstance in which law assumes plaintiff would give consent if able.

Apparent - Consent is implied from one's conduct

Front 13

Self Defense

Back 13

the privilege to use reasonable force to defend oneself against a threatened battery

Front 14

Defense of Others

Back 14

Right to defend others;

Majority - defender stands in the shoes of the one defended

Minority - One must act reasonably under the circumstances, even if mistaken

Front 15

Defense of Property

Back 15

Privilege of an owner to use reasonable force against invader. (also note: a possessor of land cannot do indirectly what he cannot do directly in self defense. ie Deadly Force)

Front 16

Recovery of Property

Back 16

Privilege of owner of dispossessed chattel to use reasonable force to reclaim it. One must make a demand, pursuit must be immediate.

Front 17

Necessity

Back 17

Two types of necessity:

Public - Exigent circumstances may require one to relinquish private rights for the public good.

Private - Privilege to take or use the property of another in emergency circumstances for private interests

Front 18

Authority of Law

Back 18

Right to make an arrest w/o warrant for felony or breach of the peace in one's presence.

Front 19

Justification

Back 19

Lawful excuse for an act which otherwise might be illegal tortious conduct.

Factors; Time, place, circumstances

Front 20

DRAMDRU

Back 20

Damage or alteration, Receiving it, Acquiring it, Misdelivering it, Disposing of it, Refusing to return it, & Using it.

Front 21

EAGHI

Back 21

Extent and duration of control, Actor's intent to assert control inconsistent with owner's control, Good Faith, Harm to Chattel, & Inconvenience and Expense.