Torts First Year

Front 1

Battery is:

Back 1

an (INTENTIONAL) act that causes (HARMFUL OR OFFENSIVE TOUCHING) to the victims person. Act must be (VOLUNTARY).

Front 2

Assault is:

Back 2

an (INTENTIONAL) act that causes a (REASONABLE APPREHENSION) of (IMMINENT) (HARMFUL OR OFFENSIVE CONTACT). Act must be (VOLUNTARY)

Front 3

False Imprisonment is:

Back 3

an (INTENTIONAL) act that causes one to be (CONFINED OR RESTRAINED) TO (A BOUNDED AREA). Act must be (VOLUNTARY).

Front 4

Trespass to Land is:

Back 4

the (INTENTIONAL, UNAUTHORIZED,) and (VOLUNTARY) entry of a person or thing on land in the procession of another.

Front 5

Trespass to Chattels is:

Back 5

an act that (INTENTIONALLY INTERFERES) with the (POSSESSORY INTEREST) of another's (PERSONAL PROPERTY), which results in (DAMAGE).

Front 6

IIED
Intentional Infliction of Emotional Distress

Back 6

A volitional act of
extreme & outrageous conduct that intentionally or recklessly causes severe mental distress
to victim

Front 7

Conversion

Back 7

an intentional exercise of dominion or control over a chattel which so seriously interferes with the right of the owner to control it that full value of chattel must be paid to owner

Front 8

Elements of Negligence:
#1 - #6

Back 8

DUTY
Standard of Care
Breach of Duty
Cause-in-Fact & Proximate Cause
Damages

Front 9

DUTY

Back 9

a legally recognized relationship between parties

Front 10

Standard of Care
4 types

Back 10

1. reasonably prudent person (objective)
2. children standard
3. Statutory standard
4. Professional standard

Front 11

Breach of Duty

Back 11

Failure to meet standard of care

Front 12

Cause-in-Fact

Back 12

P's harm must have the required nexus to the defendants breach of duty

Front 13

Proximate Cause

Back 13

there are no policy reasons to relieve the D's liability

Front 14

Damages

Back 14

P suffered a cognizable injury

Front 15

Defense -Public Necessity

Back 15

One may injure the property of another to prevent the substantial greater harm to the public. This excuses liability from Trespass to land tort and damage caused by trespass.

Front 16

Defense -Private Necessity

Back 16

One may injure the property of another to prevent the substantial greater harm to himself or his property. This excuses liability from Trespass to land tort, but the liability for damage caused by trespass remains in tact.

Front 17

Defense -Self Defense

Back 17

REASONABLE FORCE can be used where one REASONABLY BELIEVES such force is NECESSARY to PROTECT ONESELF from IMMEDIATE HARM.

Front 18

Defense -Consent

Back 18

1

Front 19

Defense -Defense of Others

Back 19

1