Torts Exam

Front 1

Battery (restatement)

Back 1

An actor is subject to liability to another for battery if:
(A) He acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such contact AND
(B) A harmful or offensive contact direcly or indirectly results.
NO CONTACT = NO BATTERY

Front 2

Battery-Intent

Back 2

In order that an act may be done with the intention of brining about a harmful or offensive contact or an apprehension thereof to a particular person, either the other or a third person,
(A) The act must be done for the purpose of causing the contact or apprehension OR
(B) With knowledge on the part of the actor that such contact or apprehension is substantially certian to be produced.

Front 3

Battery-Harmful

Back 3

loss or detriment to a person (injury). Physical harm means the physical impariment of the human body or of real propery or tangible personal property. The physical impairment of the human body includes physical injury, illness, disease, and death

Front 4

Battery-Person

Back 4

clothing, or an object closely identified with the body. It can be the car you are driving, the horse you are riding, the cane you are holding, or the clothing you are wearing.

Front 5

Battery- transferred intent

Back 5

if one intentionally commits an assault or battery at another and by mistake strikes a third person, he is guilty of assualt and battery of the third person if "defendants intention, in such a case, is to strike an unlawful blow, to injure some person by his act, and it is not essential that the injury be ot the one intended"

Front 6

Battery-Contact

Back 6

does not mean that a part of the defendants body must cocme into direct contact with a part of P's body. It is sufficient that the D causes contact with something very closely associated with P's body.

Front 7

Assault (restatement)

Back 7

(1) An actor is subject to liability to another for assault if:
(A) He acts intending to cause a harmful or offensive contact (mind of P??) with the person of the other, or a third person, or an imminent apprehension of such contact AND
(B) The other is thereby put in such imminent apprehension (mind of D??)
(2) An action which is not done with the intention stated in subsection (1,a) does not make the actor liable to the other for an apprehension caused thereby although the act invovles an unreasonable risk of causing it, and therefore, would be negligent or reckless if the risk threatened bodily harm.

Front 8

Assault- Apprehension of imminent and future contact

Back 8

(1) To make the actor liable for assault he must put the other in apprehension of imminent contact
(2) An act intended by the actor as a step toward the infliction of a future contact, which is so recognized by the other does not make the actor liable for an assault under the rule of assualt.
CANNOT SUFFER AN APPREHENSION IF YOU ARE UNAWARE

Front 9

False Imprisonment (Restatement)

Back 9

(1) An actor is subject to another for false imprisonment if:
(A) He acts intending to confine the other or a third person within boundries fixed by the actor AND
(B) His act directly or indirectly results in such confinement of the other, AND
(C) the other is conscious of the confinement OR harmed by it.
(2) An act which is not done with the intention stated in subsection (1,a) does not make the actor liable to the other for a merely transitory or otherwise harmless confinement, although the act involves an unreasonable risk of imposing it and therefore would be negligent or reckless if the risk threatened bodily harm.

INTENT TO CONFINE, NOT INTENT TO SCARE

Front 10

False Imprisonment- confine

Back 10

any show of force, it does not have to be physical contact... anything P has to submit to.

Front 11

Intentional Infliction of Emotional Distress

Back 11

(1) One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to antother is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.
(2) Where such conduct is directed at a third person, the actor is subject to liability if he intentionally or recklessly causes severe emotional distress
(A) To a member of such persons immediate family who is present at the time, whether or not such distress results in bodily harm OR
(B) To any other person who is present at the time, if such distress results in bodily harm.

Front 12

Intentional infliction of emotional distress-Extreme and Outrageous Conduct

Back 12

Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. Generally, the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim “outrageous.” Liability does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities. It is not enough that they acted w/ intent that is tortuous or even criminal, or that they intended to inflict emotional distress, even its “malice" tat entitle plaintiff to damages for a different tort.

Front 13

Consent- Meaning of consent

Back 13

(1) Consent is willingness in fact for conduct to occur. It may be manifested by action or inaction and need not be communicated to the actor (what’s going on in P’s head)
(2) If words or conduct are reasonably understood by another to be intended as consent, they constitute apparent consent and are as effective as consent in fact.

Front 14

Consent- effect of consent

Back 14

(1) One who effectively consents to conduct of another intended to invade his interest cannot recover in action of tort for the conduct or harm resulting from it.
(2) To be effective, consent must be,
a. By one who has the capacity to consent or by a person empowered to consent for him, and
b. To the particular conduct, or to substantially the same conduct
(3) Conditional consent or consent restricted as to time, area, or in other respects is effective only within the limits of the condition or restriction
(4) If the actor exceeds the consent, it is not effective for the excess
(5) Upon termination of consent its effectiveness is terminated, except as it may have become irrevocable by contract or otherwise, or except as its terms may include, expressly or by implication, a privilege to continue to act.

Front 15

Consent under mistake, misrepresentation, or duress

Back 15

(1) Except as stated in Subsection (2), consent to conduct of another is effective for all consequences of the conduct and for the invasion of any interests resulting from it.
(2) If the person consenting to the conduct of another is induced to consent by a substantial mistake concerning the nature of the invasion of his interests or the extent of the harm to be expected from it and the mistake is known to the other or is induced by the others misrepresentation, the consent is not effective for the unexpected invasion or harm.
(3) Consent is not effective if it is given under duress.

Front 16

Consent- emergency action without consent

Back 16

Conduct that injures another does not make the actor liable to the other, even thought the other has not consented to it if
(a) an emergency makes it necessary or apparently necessary, in order to prevent harm to the other, to act before there is opportunity to obtain consent from the other or one empowered to consent for him, and
(b) the actor has no reason to believe that the other, if he had the opportunity to consent would, decline.

Front 17

Self Defense by force not threatening death or serious bodily harm.

Back 17

(1) An actor is privileged to use reasonable force, not intended or likely to cause death or serious bodily harm, to defend himself against unprivileged harmful or offensive contact or other bodily harm which he reasonably believes that another is about to inflict intentionally upon him.
(2) Self-defense is privileged under the conditions stated in subsection (1) although the actor correctly or reasonably believes that he can avoid the necessity of so defending himself,
a. By retreating or otherwise giving up a right or privilege.
b. By complying with a command with which the actor is under no duty to comply or which the other is not privileged to enforce by the means threatened.

Front 18

Self-defense by force threatening death or serious bodily harm

Back 18

1.) subject to the statement in subsection 3.), an actor is privileged to defend himself against another by force intended or likely to cause death or serious bodily harm, when he reasonably believes that
a. the other is about to inflict upon him an intentional contact or other bodily harm, and that
b. he is thereby put in peril of death or serious bodily harm or ravishment, which can safely be prevented only by the immediate use of such force
2.) The privilege stated in subsection 1.) exists although the actor correctly or reasonably believes that he can safely avoid the necessity of so defending himself by
a. Retreating if he is attacked within his dwelling place, which is not also the dwelling place of the other, OR
b. Permitting the other to intrude upon or dispossess him of his dwelling place, or
c. Abandoning an attempt to effect a lawful arrest.
3.) The privilege stated in subsection 1.) does not exist if the actor correctly or reasonably believes that he can with complete safety avoid the necessity of so defending himself by
a. Retreating if attacked in any place other than his dwelling place, or in a place which is also the swelling ot the other, or
b. Relinquishing the exercise of any right or privilege other than this privilege to prevent intrusion upon dispossession of his dwelling place or to effect a lawful arrest.