Torts Fall 2006

Front 1

Intent

Back 1

i) Elements: a person acts with the intent to produce a consequence if:
(1) The person has the purpose of producing that consequence; or
(2) The person knows to a substantial certainty that the consequences will ensue from the person’s conduct

Front 2

Battery

Back 2

(1) Act
(2) Intent
1) Purpose; OR
2) Knowledge to a substantial certainty that harmful or offensive conduct will occur
(3) Harmful or offensive contact – includes contacts that are truly harmful and contact that is merely offensive => damaging to a reasonable sense of dignity
(4) No consent or privilege

Front 3

Assault

Back 3

(1) Act
(2) Intent
1) Purpose to make imminently apprehensive of harmful or offensive touch
2) Knowledge to a substantial certainty that the act will put the Π in imminent apprehension of a harmful of offensive touch
(3) Actual imminent apprehension (subjective – Π must be aware – apprehension different from fear => QMO v. Eaton punch hypo)
(4) Apparent imminent ability to carryout conduct threatened (not threat of future action)

Front 4

False Imprisonment

Back 4

(1) Act or omission by the Δ
(2) Intent
1) Purpose to confine a person
2) Knowledge to a substantial certainty that you are confining a person
(3) Physical confinement – must be confined within definite physical boundaries
(4) Lack of consent or privilege

Front 5

Intentional Infliction of Emotional Distress

Back 5

(1) Conduct must be intentional OR reckless
1) Intentional can be
(i) Purpose; OR
(ii) Substantial certainty act will result in IIOED
(2) Conduct must be extreme and outrageous
(3) Causal connection b/t wrongful conduct and emotional distress
(4) Emotional distress must be severe

Front 6

Trespass to Land

Back 6

(1) Act of physical entry onto the land of another without permission
(2) Intent
1) Purpose; OR
2) Knowledge to a substantial certainty entry to property will occur
(3) Resulting actual invasion to land

Front 7

Trespass to Chattels

Back 7

(1) Act (Use or intermeddlement of chattel in possession of another)
(2) Intent
1) Purpose to use or intermeddle with the chattel or another; OR
2) Know to a substantial certainty that you are using or intermeddling
(3) Actual harm - actual harm must be done because we are not trying to determine title as in trespass to property but rather trying to compensate for damage done to the chattel

Front 8

Conversion

Back 8

(1) Act (use or intermeddlement)
(2) Intent
1) Purpose to use or intermeddle with the chattel or another; OR
2) Know to a substantial certainty that you are using or intermeddling
(3) Dominion or control
(4) Actual harm: full interference with the right of the possessor to the point that it is fair to make the D pay the full price of the property