Torts

Front 1

BATTERY

Back 1

1. AFFIRMATIVE ACT
2. INTENT TO TOUCH
3. ACTUAL HARM OR OFFENSIVE TOUCHING

Front 2

ASSAULT

Back 2

1. Affirmative act
2. Intent to place P in apprehension
3. Immediate
4. Harmful or offensive touching

Front 3

FALSE IMPRISONMENT

Back 3

1. Act/omission
2. Intent to confine someone, resulting in false imprisonment
3. Actual confinement
4. Awareness of the confinement or injury

Front 4

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Back 4

1. Extreme & outrageous act
2. Intent to cause severe emotional distress or recklessness regard to injuries
3. Resulting in severe emotional distress

Front 5

TRESPASS TO LAND

Back 5

1. Affirmative intentional act
2. Invades P's possessory interest (Injury NOT required)
3. In land

Front 6

TRESPASS TO CHATTELS

Back 6

1. Affirmative intentional act
2. Interferes with P's possessory interest
3. Movable personal property
4. Resulting in injury

Front 7

CONVERSION

Back 7

1. Act/Omission
2. Intent to assert control over a chattel
3. Belongs to P
4. Resulting in substantial injury to chattel
5. Damage - full & fair value of property

Front 8

DEFENSES TO INTENTIONAL TORTS (6)

Back 8

COPS NA
1. Consent
2. defense of Others
3. defense of Property
4. Self defense
5. Necessity
6. Arrest

Front 9

DEFENSE OF PROPERTY

Back 9

D is privileged to defend land and chattels w/ non-deadly force if:
1. Intrusion is not privileged
2. Reasonably believes force necessary to prevent intrusion
3. Demand (unless futile)
4. NO serious harm

Front 10

RECAPTURE OF PROPERTY

Back 10

May use non-deadly force if:
1. D entitled to immediate possession
2. Demand made & ignored or futile
3. Fresh pursuit
4. Recapture

Front 11

SHOPKEEPER'S PRIVILEGE

Back 11

1. Reasonable grounds for suspicion
2. Detension for reasonable period
3. Reasonable non-deadly force
4. Detention itself is reasonable

Front 12

PRIVILEGE TO RECLAIM PROPERTY ON ANOTHER'S LAND

Back 12

1. Demand unless futile or emergency
2. Entry made in a reasonable time and manner

Front 13

PRIVILEGE TO RECLAIM LAND

Back 13

Self-help NOT privileged

Front 14

SELF-DEFENSE (ELEMENTS)

Back 14

1. Reasonably believe she is in danger
2. Force appears necessary to prevent harm (objective)
3. No deadly force
4. MAJ - no duty to retreat
MOD - retreat before using deadly force - unless own home

Front 15

NECESSITY

Back 15

Public - no liability
Private - liable for actual damage
Abate nuisance - immediate demand nuisance be abated & reasonable force used

Front 16

NEGLIGENCE

Back 16

Breach of duty of due care which is the actual & proximate cause of P's injuries.

PRIMA FACIE CASE
1. Duty
2. Standard of care
3. Breach the standard of care
4. Causation
5. Damages
6. Defenses

DEFENSES
1. Contributory negligence
2. Comparative negligence
3. Assumption of risk

Front 17

DUTY - OWNER OF LAND

(CLASSES OF PPL)

Back 17

1. P outside D's land - no duty of care if injury caused by natural conditions

2. Artificial condition - Duty to inspect and maintain in safe condition

3. D knows or should know of P's presence on land - duty to warn against artificial condition or dangerous activities

4. Gratuitous licensee (own purpose w/ consent) - duty to warn - obvious danger

5. Invitee (business visotor) - Duty to warn re: obvious danger and to inspect

6. Public servants - (i.e., firemen, police) enter during regular hours = invitees

Front 18

ATTRACTIVE NUISANCE DOCTRINE

Back 18

D knows or should know:
1. Children will trespass
2. Dangerous condition
3. Would not realize risk
4. Danger outweighs burden of eliminating danger

Front 19

DUTY TO LESSEE/VENDEE

Back 19

3. Duties of a lessor of realty
a. Lessee liable for the portion he leases.
b. Exceptions:
i. Duty of Lessor to Lessee – Duty to give warning of existing defects lessee is not likely to discover.
ii. Lessor’s covenant to repair – If lessor reserves right to enter premises for inspecting and repairing – subject to liability for unreasonably dangerous conditions.
iii. Voluntary repairs by lessor – Liable if he does to negligently.
iv. Admission of the public – If lessor leases knowing lessee intends to admit public, lessor is subject to liability for unreasonably dangerous conditions existing at the time he transfers possession where tenant will not repair. Warning is NOT sufficient.
c. Tenant remains liable to invitees and licensees – tenant still liable for dangerous conditions w/in tenant’s control.
4. Duties of vendor of realty – duty to disclose concealed, unreasonably dangerous conditions.

Front 20

DUTY - AUTO DRIVER

Back 20

1. Passenger paid - invitee
2. No $ - passenger = guest
Warn of non-obvious defects in car and drive carefully
3. Guest statutes - negligence only if wanton or gross

Front 21

NEGLIGENT EMOTIONAL DISTRESS

Back 21

Duty not to subject others to ED which could cause physical injury through physical impact or threat of impact.

Third person's distress resulting from another's safety:
1. zone of danger
2. close relative
3. D had knowledge of 3rd party presence and relationship