Torts I

Front 1

Tort: Definition

Back 1

A civil wrong.

The minimally acceptable standards of conduct in a society, (public policy. )

Front 2

Assault

Back 2

(1) intent

(a) intent to cause OC, OR

(b) intent to create apprehension of OC;

(2) apprehension of imminent OC; AND

(3) apprehension is reasonable

Front 3

Battery

Back 3

(1) intent to cause OC; OR intent to cause apprehension of offensive contact; AND

(2) offensive contact results.

Front 4

Fraud

Back 4

(1) def. made a false representation of fact;

(2) def. acted with intent or recklessness as to false representation, the latter meaning def. knew the statement was false or acted in reckless disregard of its truth or falsity;

(3) def. intended pl. to rely on the false representation;

(4) def. induced pl.’s reliance (subjective), which is to say that the false representation was material to pl.’s decision-making;

(5) pl.’s reliance was justified (objective); AND

(6) pl. was injured as a result of reliance, not merely in dignity, but economic loss orphysical injury.

Front 5

False Imprisonment

Back 5

(1) actor’s intent to confine a person;

(2) confinement within fixed boundaries;

(3) confinement is “complete”; AND

(4) person is conscious of confinement OR

is harmed by it.

Front 6

IIED

Back 6

(1) actor bears intent or recklessness as to both volitional conduct and the harm that plaintiff alleges (“double-duty intent”);

(2) actor engages in extreme and outrageous conduct; AND

(3) conduct results in plaintiff’s severe emotional distress, manifested in physicalsymptoms.

Front 7

IIED: Outrageousness

Back 7

Factors (not elements)

(a) the conduct itself;

(b) the relationship between the parties; and

(c) the known susceptibility of the plaintiff.

Front 8

Prima Facie

Back 8

(1) intentional infliction of harm;

(2) resulting special damages(economic losses or physical injury);

(3) no excuse or justification(by the plaintiff); AND

(4) the act otherwise lawful.

Front 9

False Arrest

Back 9

False Imprisonment AND

(a) confinement is effected by asserted legal authority; AND

(b) “complete” custody is effected by the detained’s submission to the asserted authority because the detained believes the authority to be valid, OR has doubtsas to its validity.

Front 10

Intentional Tort Defenses

Back 10

Privilege of Arrest

Merchant's Privlage

Self Defense

Defense of Others

Defense of Personal Property

Defense of Real Property

Defense of Person or Property by Mech

Consent

Front 11

Recklessness

Back 11

(1) defendant knows OR has reason to know:

(a) that def.’s conduct creates an unreasonable risk of harm; AND

(b) that there is a high degree of probability that harm will result; AND

(2) harm results.

Front 12

Consent

Back 12

(1) plaintiff’s willingness for intentional, otherwise tortious conduct to occur; AND

(2) plaintiff’s subjective intent to consent.

Front 13

Defense of Person or Property by Mech

Back 13

Same as if the defender were present and acting intentionally.

Front 14

Defense of Real Property

Back 14

Defendant’s reasonable belief (compound test):

(1) pl. is intruding on def.’s real property;

(2) request that pl. intruder leave has failed, or would be useless;

(3) force is not deadly; AND

(4) force is employed only to the extent necessary to repel the intrusion.

Special rule of defense of real property by deadly force: Same as defense of real property, except that deadly force is permitted when the defender reasonably believes that the intruder poses a death threat to the defender, or to a third party whom thedefender is privileged to protect.

Front 15

Defense of Personal Property

Back 15

defendant’s reasonable belief (compound test):

(1) def. is exerting force to dispossess pl. of def.’s personal property;

(2) request for return of property has been made and failed, or would be useless;

(3) force is not deadly; AND

(4) force is employed only to the extent necessary.

Special rule on recovery of personal property: (1) as defense of property, supra; AND(2) def. is engaged in immediate or continuing fresh pursuit.

Front 16

Defense of Others

Back 16

(1) as self-defense, supra, but on behalf of another; AND

(2) reasonable belief in necessity to avert harm must be factually correct.

Front 17

Self Defense

Back 17

Defendant’s reasonable belief (compound test):

(1) def. is protecting against a threat of physical harm;

(2) the threat is immediate;

(3) the harm would result from the intentional or negligent act of the other; AND

(4) def. is employing force only to the extent necessary to avert the harm.

A special rule pertains when defendant engages in self-defense with deadly force:

(1) as self-defense, supra; AND

(2) one of the following, per def.’s reasonable belief: (a) safe escape (a.k.a. retreat) is not possible; OR (b) safe escape (a.k.a. retreat) is possible, but defendant is in own home that is not also the attacker’s home.

Significant minority variation #1: Eliminate (2)(b).Significant minority variation #2: Eliminate all of (2).

Front 18

Merchant's Privilege.

Back 18

Temporary detention by a merchant is permitted when:

(1) the actor reasonably believes that the detained has taken goods from the actor’s premises, or is attempting to leave the premises without paying for goods or services rendered; AND

(2) the detention is reasonable with respect to the following: (a) the investigative purpose of the detention (including the summoning of law enforcement authorities) (b) the area or physical scope of the detention (including the force used to effect detention); AND(c) the duration of the detention.

Front 19

Privilege to Arrest (defense of false arrest)

Back 19

(a) reasonably suspected that the detainee committed a felony;

(b) witnessed a breach of peace by detainee; OR

(c) acted upon a warrant issued upon probable cause.