Torts

Front 1

Assault

Back 1

Definition:
1. Intentionally
2. Causingapprehension of
3. An imminent harmful or offensive contact

Front 2

Battery

Back 2

Definition:
1. Intent
2. to cause harmful or offensive
3. contact with π

Front 3

False Imprisonment

Back 3

Definition
1. Intent to restrain
• Within boundaries fixed by the actor
2. Act results in confinement
3. Consciousness or awareness of
confinement.

Front 4

Intentional Infliction of Emotional Distress

Back 4

Definition
1. Intentional or reckless conduct
2. That is extreme and outrageous
3. Acausal connection between the wrongful
conduct and the emotional distress
4. Severeemotional distress

Front 5

Trespass to Land

Back 5

Definition
1. Intentionallyenters π’s land withoutpermission; or
2. Remainson π’s land withoutpermission even if entry was rightful; or
3. Putsan object on π’s land (or refusesto remove an object) without permission

Front 6

Trespass to Chattels

Back 6

Definition
1. Intentional
2. Interferencewith
3. Person’s use of possessionof a chattel

Front 7

Conversion

Back 7

Definition
1. Intentional
2. Interference with
3. One’s possession or ownership of chattel

Front 8

Conversion (Intent)

Back 8

Intent
1. Conversion is intentional
2. Intent to take possession is enough to
qualify for trespass to chattel

Front 9

Difference from Trespass to Chattels

Back 9

1. Duration of dominion over property
2. Good or bad faith in action
3. Harm for to the property
4. Inconvenience to π

Front 10

Ways to commit Conversion

Back 10

1. Acquiring possession
• Bona Fide Purchase:A bona fide purchaser
of stolen goods is still guilty of conversion
2. Transfer to a third party
3. Withholding good
• Refusal to return a possession
• No liability until π demands return
4. Destruction
5. Ifsomething is taken and returned without owners knowledge it is not conversion

Front 11

Battery (Intent)

Back 11

1. Notnecessary to intend harm
2. Intentionto cause apprehension of the con
tact is sufficient to qualify intent of Battery

Front 12

Battery (harmful/offensive)

Back 12

1. Harmfulor offensive qualifies the contact
not the intent
2. The“test” is whether or notthe contact was
permitted by π
3. Mayinclude clothing or an object the π is
holding
4. Itis not necessary for the π to be aware of
thecontact

Front 13

Offensiveness of the Contact

Back 13

Subjective:Ask the plaintiff “were you offendedby this contact?”

Objective:Ask “would a reasonable third party beoffended by this contact?” (Normative andFactual)

**In physical torts, the act is often the evidenceof the intent.

Front 14

Assault (intent)

Back 14

Must intend to cause apprehension orcontact itself

Front 15

Apprehension Test (assault)

Back 15

1. Mustbe reasonable
2. Apprehensionis not fear or intimidation
3. Apparentabilitymeets apprehension test
• Does not mean that ∆ bears malice or
intends harm to qualify
• Ordinarily wordsalone are not
enough by themselves, but words
paired with demonstrable actionsdo
• Apprehension mustbe imminent, and π
must believe that ∆ has the ability to
carry out the act
• π must be aware forassault to exist
• Threat to a thirdperson does not
qualify
• Conditional threatsto not qualify

Front 16

False Imprisonment (intent)

Back 16

∆ intendsto confine π and believes that π will know that theyare being confined

Front 17

Confinement

Back 17

1. Fixedor set boundaries
2. Completeconfinement (no reasonable means
of escape)
3. Notconfinement if it is only preventing a
particular route or direction of travel
4. Canbe through threat of force or duress or
asserted legal authority

Front 18

Awareness

Back 18

π mustbe aware of the confinement or must cause π someactual harm

• The amount of timeis irrelevant
• A reasonable meansof escape negates imprisonment

Front 19

False Arrest

Back 19

• Imprisonment backby actual authority
• Probable Cause willnegate all false arrest claims

Front 20

IIED (intent)

Back 20

1. Desireto cause emotional distress
2. Substantialcertainty of emotional distress3. Recklesslydisregarding the probability of
emotional distress
4. Transferredintent

Front 21

Extreme and Outrageous

Back 21

1. Sooutrageous in character, and so extreme in degree as to go beyond all possiblebounds of decency
2. Regardedas atrocious, and utterly intolerable in a civilized community
3. Wouldlead a reasonable person to exclaim “OUTRAGEOUS”Exceptions
• Continuous conduct
• Awareness of supersensitivity
• Common Carrier heldto a different
standard

Front 22

Severe emotional distress

Back 22

1. Mustdemonstrate that the distress was
severe enough to need medical air
2. Notnecessary to demonstrate bodily harm