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21 Cards in this Set
- Front
- Back
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Purposes of Tort Law
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1. Deter wrongful
2. Encourage socially responsible 3. Prevent self-help 4. Provide restitution |
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5 Intentional Torts
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BAFTT
1. Battery 2. Assault 3. False Imprison. 4. Trespass to land 5. Trespass to chattels |
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Battery
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Intent or substantial certainty to create harmful/offensive contact AND the contact occurs
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Assault
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Intent to cause apprehension of imminent harmful/offensive contact. RP believes D has the ability and apprehension occurs.
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False Imprisonment
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Intent to unlawfully confine against victim's will.
P has no reasonable apparent means of escape. P must be aware of it or harmed by it. Moral influence insufficient. |
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Trespass to Land
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Intentional unauthorized entry. Mistake is no defense. Intent=volition. Tripping and falling is w/out volition, but walking onto land w/out knowing whose land it is = volition (intending to be there). Exceeding scope of consent is trespass.
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continuting trespass
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failure to remove a consensual object after consent expires
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Intentional Infliction of Emotional Distress
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intentional infliction, by extreme and outrageous conduct, of severe emotional distress. Restatement requires physical manifestation, most jdxns do not. Not transferable. Mere insults, threats, annoyances not enough.
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Extreme and outrageous conduct
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exceeds all reasonable bounds of behavior tolerated by society
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Transferred Intent
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Only allowed w/ the intentional torts. Can be transferred to a diff person or from originally intended tort to another intentional tort.
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Intent for battery
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Purpose to cause harm OR knowledge w/ substantial certainty that something would happen (purpose wasn't to hurt, just to practical joke or something knowing she would fall)
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Insane persons.
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Liable if 1. they were capable of forming the intent and 2. formed the intent. Doesn't matter if delusion caused it (motive is irrelevant.)
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Elements of Intentional Infliction of Emotional Distress
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1. Intent
2. Extreme/outrageous (account for person to whom it was directed: lady/marine) beyond bounds of decency in civilized society. 3. causal connection 4. severe distress - alters normal daily functional abilities. |
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Consent negated by: (P is incapable of consenting b/c they are:)
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1. Incompetent (child)
2. Deceived(ok for fake dr to be in the room negated by fact that he wasn't real, DeMay) 3. Under Duress 4. Intoxicated 5. Unconscious (Exception a) |
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Exception a: (Unconscious person constructively consenting:)
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1. P unable to consent
2. risk of serious bodily harm 3. no indication P wouldn't consent. 4. Reasonable person would. |
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Self-defense privilege:
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Can use reasonable force (account for size/age, etc.) to prevent imminent harmful/offensive contact. Usually used against battery allegation. Privilege terminates when threat terminates/is not imminent. Deadly force only allowed if death or serious harm threatened. Duty to retreat is disagreed upon.
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Public necessity privilege
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1. Reasonable belief prop would be destroyed anyway AND 2. prop would contribute to destruction of other prop.
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Private Necessity privilege
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To prevent injury to yourself or your property, you are protected unless there are damages to P, in which case D is liable for damages.
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Necessity privilege in general
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Privilege to harm property of D if it's necessary to prevent great harm. Often used against trespass allegations. Also against harm to property.
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Justification privilege
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Catch-all defense, but usually used for FI. Reasonable restraint to prevent injury or damage (shoplifters). Even if it doesn't fit another privilege, but there are good reasons, justification may prevent recovery.
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consent privilege
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express or
implied - from D's perspective, would a RPP have inferred consent? |
