Torts I

Front 1

Prima facie case

Back 1

In intentional torts plaintiff must prove
act, intent,causation.

Front 2

Intent

Back 2

Desire or know with substantial certainty result will occur

Front 3

Negligence

Back 3

Does sue buy a cat or dog
Was there a duty, standard of care, breach,causation (factual/proximate)damages.

Front 4

Battery

Back 4

intent to cause harmful or offensive contact, and contact is made. (no privilleges)

Front 5

Consent

Back 5

permission can be express or implied. O'brien v. Cunard.

Front 6

consent by mistake

Back 6

valid unless d caused or knows of mistake

Front 7

consent by fraud

Back 7

invalid- demay v roberts

Front 8

consent by duress

Back 8

invalid

Front 9

consent implied by law

Back 9

emergency situations, p is incapable of consent reasonable person would consent, necessry to prevent death or serious bodily harm.

Front 10

can children consent? Incompetents?
Drunks?

Back 10

NO

Front 11

Consent to a criminal act valid?

Back 11

no

Front 12

self defense

Back 12

reasonable force necessary in protection against injury/immediate threat of harm/not retaliation/retreat not necessary.

Front 13

Defense of others

Back 13

reasonable force to protect 3rd person/3rd person must be privileged, reasonable mistake-ok

Front 14

Defense of property

Back 14

reasonable force to prevent tort against property/slight force may be unresonable/hot pursuit okay

Front 15

Defense of habitat

Back 15

Serious harm only when people threatened. No indirect deadly force (spring gun)

Front 16

Necessity

Back 16

Interfere w/property of another in order to avoid greater injury

Front 17

Private necessity

Back 17

interfere w/private property to protect greater public interest.liable for damages.

Front 18

Public necessity

Back 18

Injures private property to protectr community. complete defense

Front 19

Transferred intent doctrine

Back 19

intent to commit one tort is sufficinet for 5 traditional torts
intent to commit tort on 1 victim transferable to to injured person.

Front 20

IIED

Back 20

Intent to cause emotional distress or reckless disregard in regards to causation/extreme or outrageous conduct/causation/damages

Front 21

IIED 3rd party

Back 21

Close relationship/present at scene/D knows person is present

Front 22

False imprisonment

Back 22

Intent to confine within a bounded area w/out reasonable apparent exit, by unreasonable force, threat of force, or assertion of legal authority/knowledge of confinement or harm.