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9 Cards in this Set
- Front
- Back
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Tort Analysis Stragegy
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-Prima facie case?
-If Y, can Δ establish any affirmative defenses? -Determine if a general consideration applies to the facts E.g. vicarious liability, tort immunities, multiple defendant issues |
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Are young children, mental incompetents, and drunk persons are liable for intentional torts?
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YES!
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Civil Battery
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(i) harmful or offensive (unpermitted) contact
(ii) with Π’s person Note: Π’s person includes anything attached to Π (clothes, purse, etc). Construe Π’s person very liberally |
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Civil Assault
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(i) Reasonable
(ii) Apprehension (iii) of an immediate battery |
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False Imprisonment
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(i) sufficient act of restraint
(ii) bounded area Notes: -Threats are enough BUT not future threats -Irrelevant how short the period of confinement is -Π must know of confinement UNLESS confinement injures Π -Area is not bounded if (i) there is a reasonable means of escape & (ii) Π knows of it. |
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IIED
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(i) outrageous conduct (transcends all bounds of decency)
(ii) intent OR recklessnes (iii) damages (severe emotional distress BUT physical injury not required) Notes: -IF Δ is a common carrier or innkeeper = Less than outrageous standard; insults count BUT only as to passengers or guests -Fallback tort |
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Trespass to Land
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(i) Act of physical invasion by Δ
(ii) of Π’s land Notes: - must be intrusion of physical object. Intangible matter not enough. BUT D need not personally physical go on P's land. -Includes surface and ALSO, for a REASONABLE distance, the space going up and down from the subsurface. -only the intent to enter on that piece of land |
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Trespass to Chattels v. Conversion
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A lot of damage = conversion
Two types of damages: (i) physical damage, (ii) dispossession Notes: -10 month dispossession = conversion. -Conversion = Δ pays MFV of chattel at time of conversion (forced sale). |
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Consent Defense to Intentional Torts
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(1) Was there consent?
**Apparent implied consent (i) custom/usage, (ii) Π’s conduct (2) Is consent valid? **Does Π have capacity to consent? **Incompetents; drunk; very young children **If express consent, invalid if (i) mistake; (ii) fraud; (iii) coercion. (3) Did Δ stay within the boundaries of consent? Notes: -Consent may be implied by law in emergencies |
