Torts Midterm

Front 1

What are the four elements of Battery

Back 1

-Act
-Intent
-Causation
-Damages

Front 2

What is the Act of Battery?

Back 2

-A direct or indirect ACT by defendant which brings about HARMFUL OR OFFENSIVE CONTACT to plaintiff's person or personal effects.
-knowledge at time it occurs is irrelevant
-express or implied consent is a defense

Front 3

What is the Intent of Battery?

Back 3

-Intent on part of the defendant to bring about HARMFUL or OFFENSIVE CONTACT to plaintiff's person or personal effects.
-Includes transferred intent
-social values/reasonable person to decide harmful/offensive

Front 4

What are the Damages of Battery?

Back 4

-harm may be presumed
-nominal damages are sufficient
-no actual damages are necessary

Front 5

What are the four elements of Assault?

Back 5

-Act
-Intent
-Causation
-Damages

Front 6

What is the Act of Assault?

Back 6

-an ACT by defendant (or defendant's apparent ability to act) creating an apprehension in plaintiff of IMMEDIATE HARMFUL OR OFFENSIVE CONTACT to plaintiff's person or personal effects
-no assault if p lacks knowledge or belief of contact
-no assalut if D lacks ability to carry out contact

Front 7

What is the Intent of Assault?

Back 7

-Intent on part of defendant to bring about in plaintiff APPREHENSION OF IMMEDIATE HARMFUL OR OFFENSIVE CONTACT with plaintiff's person or personal effects
-includes transferred intent

Front 8

What are the Damages of Assault?

Back 8

-harm may be presumed
-nominal damages are sufficient
-no actual damages are necessary

Front 9

What are the four elements of Intentional or Reckless Infliction of Severe Emotional Distress?

Back 9

-Act
-Intent
-Causation
-Damages

Front 10

What is the act of Intentional or Reckless Infliction of Severe Emotional Distress?

Back 10

-an Act by defendant amounting to EXTREME AND OUTRAGEOUS conduct
-must transcend all bounds of decency tolerated by society
-average person of ordinary sensibilities is the objective standard
-if it is not extreme and outrageous there is no case

Front 11

What is the Intent of Intentional or Reckless Infliction of Severe Emotional Distress?

Back 11

-Intent on part of defendant to cause plaintiff to suffer SEVERE EMOTIONAL DISTRESS
or
-Intent amounting to recklessness as to effect of defendant's conduct (acting in reckless disregard of a high probability that emotional distress will result
-cannot use transferred intent

Front 12

What are the Damages of Intentional or Reckless Infliction of Severe Emotional Distress?

Back 12

-Must prove ACTUAL damages
-Must prove severe emotional distress, unendurable over a timespan

Front 13

What is the Bystander Liability rule of Intentional or Reckless Infliction of Severe Emotional Distress?

Back 13

-Where defendent intentionally caused severe physical harm to a 3rd person and plaintiff suffers severe emotional distressas a result
-Plaintiff must be present in most cases
-Defendant had knowledge of presence unless specific design or purpose to cause distress at a later time
-Must have proof of accompanying bodily injury unless it's a member of immediate family

Front 14

What are the four elements of False Imprisonment?

Back 14

-Act
-Intent
-Causation
-Damages

Front 15

What is the Act of False Imprisonment?

Back 15

-an Act or an omission to act on the part of the defendant that CONFINES OR RESTRAINS the plaintiff to a BOUNDED AREA with no REASONABLE MEANS OF ESCAPE
-plaintiff must be aware of confinement UNLESS INJURED

Front 16

What is the Intent of False Imprisonment?

Back 16

-Intent on part of defendent to CONFINE OR RESTRAIN plaintiff to a BOUNDED AREA
-transferred intent applies

Front 17

What are the Damages of False Imprisonment

Back 17

-Nominal damages are sufficient

Front 18

What are the four elements of Trespass to Land?

Back 18

-Act
-Intent
-Causation
-Damages

Front 19

What is the Act of Trespass to Land?

Back 19

-an Act of physical invasion of another's real property without consent or privilege

Front 20

What is the Intent of Trespass to Land?

Back 20

-Intent to bring about physical invasion
-Intent on part of defendant to be present where he has no consent to be
-transferred intent applies
-mistake as to ownership is not a defense
-intent to harm is not required

Front 21

What are the Damages of Trespass to Land?

Back 21

Nominal damages are sufficient

Front 22

What are the four elements of Trespass to Chattel?

Back 22

-Act
-Intent
-Causation
-Damages

Front 23

What is the Act of Trespass to Chattel?

Back 23

-an Act which causes a minor interference with the right of possession in another's personal property

Front 24

What is the Intent of Trespass to Chattel?

Back 24

-Intent to dispossess or to affect the chattel
-Transferred intent applies
-trivial dispossession w/no intent to exercise control is not a trespass

Front 25

What are the Damages of Trespass to Chattel?

Back 25

-loss of use
-diminution in value
-cost of repair

Front 26

What are the four elements of Conversion?

Back 26

-Act
-Intent
-Causation
-Damages

Front 27

What is the Act of Conversion?

Back 27

-an Act which seriously intereferes w/the right of possession in another's personal property so as to warrant a forced sale
-forced sale=in a sense the owners are forced to hand over control of the property

Front 28

What is the Intent of Conversion?

Back 28

-Intent to exercise DOMINION OR CONTROL over another's personal property

Front 29

What are the Damages of Conversion?

Back 29

-harm- fair market value at the time of conversion
-in the alternative, replevin plus incidental damages
-unmarketable or irreplaceable items- replacement value or original cost
-fluctuating commodities- highest value between date of conversion and replacement time

Front 30

What is the Defense of Consent?

Back 30

-Defendant is not liable if plaintiff has consented
-must have capacity to give consent
-implied consent (medical emergency)
-unilateral mistake in consent has the loss fall on the party making the mistake
-mutual mistake does not invalidate consent
-duress invalidates consent

Front 31

What is Defense of Self?

Back 31

-Defendant may use such force as is REASONABLY necessary for protection against harm
-reasonable mistakes are okay
-may not use excessive force or retaliation
-initial aggressor cannot rely on self-defense unless the opposing person's force exceeds
-Duty to retreat before using deadly force if it safe (no duty in your own home)
-no duty to retreat using non-deadly force

Front 32

What is the Defense of Others?

Back 32

-Defendant may use such force as he reasonably believes other person (the person he is defending) would have the right to use in Self Defense (even if the beliefe is mistaken).

Front 33

What is Defense of Property?

Back 33

-One may use non-deadly force to prevent torts against real or personal property
-policy-human life is more valuable than property
-mistake does not bar this defense

Front 34

What is Recapture of Chattels?

Back 34

-A person may use reasonably, nondeadly force to retake goods taken by fraud, force, or other tortious conduct if the dispossession is discovered promptly and there is fresh pursuit of the wrong doer
-unreasonable dely destroys defense
-mistake destroys defense unless plaintiff induces mistake
-request to desist must be made unless futile
-can be used as a defense to battery or assault- as long as it is reasonable force than it is allowed

Front 35

What is Detention for Investigation?

Back 35

-Merchant may detain, temporarily in or near their store, one reasonably suspected of theft for purposes of reasonable investigation

Front 36

What is the Privilege of Necessity?

Back 36

-Generally the defendant may interefere w/real or personal property when it is a public necessity
-when a threatened injury is substantially more serious than the invasion taken to avert it
-public v. private

Front 37

What is Public Necessity?

Back 37

-Where injury threatens public as a whole defendant generally will not be held liable for damages

Front 38

What is Private Necessity?

Back 38

-Where injury threatens an individual or small group of person defendant generally is liable for actual damages that are suffered

Front 39

Will Unlawful Conduct bar recovery?

Back 39

Yes, if it is a serious violation of the law and the violation directly caused the injuries

Front 40

What is the Privilege of Arrest?

Back 40

-may have a privilege to make arrest of third person and use reasonable force
-with warrant complete privilege
-without warrant varies by jurisdiction

Front 41

What is the Right of Re-Entry on Land?

Back 41

Statutory summary procedures must be employed to gain reentry.