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44 Cards in this Set
- Front
- Back
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What are the 4 elements of battery? |
1. Volitional Act 2. Intention to cause harmful or offensive contact 3. Causation 4. Harmful or offensive contact |
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What is a volitional act? |
An external manifestation of the will |
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What are the rule elaborations for intent? (battery) |
1. Purpose or desire to have harmful or offensive contact 2. Belief or knowledge to a substantial certainty |
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Define bodily harm within the scope of battery |
Any physical impairment of the condition of another person's body or physical pain/illness |
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What is considered impairment within the scope of battery? |
Any alteration of a structure or function of another's body. |
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What is considered offensive within the scope of battery? (hint: 2 elements) |
1. It offends a reasonable person's sense of personal dignity. 2. It is unwarranted by the social usages prevalent at the time and place of the battery |
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What are the 4 elements of assault? |
1. Overt act 2. Intention to cause apprehension of imminent harmful or offensive contact 3. Causation 4. Actual apprehension of an imminent or harmful or offensive contact. |
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What is an overt act within the scope of assault? |
It is a movement towards someone. |
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Are words/verbal threats considered an overt act within the scope of assault? |
Not usually. There are 2 exceptions when words CAN be considered an overt act: 1. Conditional threats 2. The threat is conveyed from an independent source |
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What are the rule elaborations for intent? (assault) |
1. Purpose or desire 2. Belief or knowledge to a substantial certainty |
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What is transferred intent? |
When there is intent to commit a tort towards one person but the outcome is on someone else. It is "copying and pasting" the tort. |
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What are the 5 elements of false imprisonment? |
1. Volitional act 2. Intent to confine within boundaries 3. Causation 4. Actual confinement within boundaries 5. Awareness of the confinement [harmed by the confinement] |
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True or false: Words and threats are sufficient to be considered an act in false imprisonment |
True |
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What are the rule elaborations for intent? (false imprisonment) |
1. Purpose or desire 2. Belief or knowledge to a substantial certainty |
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What are the rule elaborations for the actual confinement element of false imprisonment? |
- There shall be no reasonable means to escape. - It is unreasonable to expect someone to escape if escaping will cause: 1. exposure of the person 2. physical harm 3. material property damage 4. more than a moderate damage to another's property |
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True or False: Transferred intent does not apply to false imprisonment. |
FALSE. It does apply |
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What are the 4 elements of IIED? |
1. Extreme and outrageous act 2. Intent to cause severe emotional distress 3. Causation 4. Severe emotional distress |
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What is considered an extreme & outrageous act within the scope of IIED? |
It is an act that is utterly intolerable in a civilized society |
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What are the rule elaborations for intent to cause severe emotional distress? |
1. Purpose or desire 2. Belief or knowledge to a substantial certainty 3. Recklessness |
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What is considered reckless within the scope of IIED? |
A conscious disregard for a high degree of probability |
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How can you tell whether an act caused severe emotional distress? |
It's manifested in physical bodily harm. It's more distress than what a reasonable person has to bear. |
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Can any bystander recover damages for IIED after witnessing something traumatic or horrific? |
Only if it's your family member. If you witness a stranger getting hurt, you cannot recover damages for IIED. |
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What are the elements for trespass to land? |
1. Volitional act 2. Intent to enter the land of another 3. Causation 4. Actual entry to the land of another |
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What is considered your property (air/land) |
The plane of land that extends directly upwards into the air and downwards into the ground (but not indefinitely). It is the immediate reach of your land that can reasonably be used. |
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What are the elements of trespass to chattels? |
1. Volitional act 2. Intent to deal with the chattel in the manner dealt 3. Causation 4. Invasion of chattel interest |
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What are the rule elaborations for the element of invasion of chattel interest? |
1. Intermeddling with harm to chattel interest OR 2. Dispossession of chattel for a substantial period of time |
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What are the elements of conversion? |
1. volitional act 2. intent to deal with chattel in manner dealt 3. causation 4. invasion of chattel that is so serious as to warrant a forced sale |
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What are the rule elaborations for invasion of chattel in a conversion tort? |
1. Dispossession of chattel for a substantial period of time 2. Harm to chattel |
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If there is a conversion, does that automatically mean there is a trespass to chattel? |
Most of the time, but not always. |
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What are the 7 intentional torts? |
1. battery 2. assault 3. false imprisonment 4. IIED 5. Trespass to land 6. Trespass to chattel 7. Conversion |
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What are the 7 privileges discussed in class? |
1. Consent 2. Self Defense 3. Defense of others 4. Defense of property 5. Recapture of property 6. Shopkeeper's privilege 7. Public necessity |
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What are the 3 types of consent? |
1. Expressed 2. Implied 3. Implied in law |
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What is expressed consent? |
Actual consent |
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What is implied consent? How can it be implied? |
Apparent consent. Implied through custom Implied through actions |
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What are the ways consent is implied in law? |
1. if someone is unable to consent (intoxicated, minor, unconscious) 2. Emergency situations 3. A reasonable person would consent 4. No reason to believe this person wouldn't consent otherwise |
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What are the 6 exceptions in which consent is vitiated? |
1. Exceeds scope of consent 2. Fraud 3. Mistake induced or known by defendant 4. Incapacitated 5. Illegal conduct 6. Duress |
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How much force can you use in self defense? |
The force that is reasonably necessary to defend yourself. |
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If there is a non deadly force being inflicted upon you, what is your duty? |
To try to run away or escape if possible |
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Can you threaten deadly force to avoid or repel an act or deescalate the situation? |
Yes |
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How much force can you use to save someone else or defend someone else? |
Must use proportional and reasonable force necessary to save the person's life. |
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How much force can you use to defend property? |
Not deadly force. Only reasonable non-deadly force |
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What are the elements of recapture of property? |
1. Item must be taken tortiously 2. Must be a fresh pursuit 3. Demand for return first unless its futile 4. Reasonable non deadly force to recover property |
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What are the elements of a shopkeeper's privilege? |
1. Reasonable suspicion of shoplifting 2. On or near premises 3. Notification and demand for return of item 4. Reasonable search and force 5. Reasonable time/detention |
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What is public necessity? |
You may use the force reasonably necessary to ensure the protection of the general public. |
