Torts Definitions

Front 1

Battery

Back 1

1. Defendant intended (purpose or knowledge) to

2. Make contact with plaintiff

3. A harmful or offensive touching occurred, and

4. The defendant has no defense (such as consent)

Front 2

Purpose

Back 2

(Specific Intent)

The actor subjectively desires the consequence

Front 3

Knowledge

Back 3

(General Intent)

The actor knows with substantial certainty that the consequence will result

Front 4

Assault

Back 4

1. Defendant intended (by purpose or knowledge) to

2. Cause harmful or offensive contact with plaintiff or cause imminent apprehension of such contact

3. And plaintiff is placed in such imminent apprehension, and

4. Defendant has no defense (such as consent)

Front 5

What are the five main Intentional Torts?

Back 5

1. Battery

2. Assault

3. False Imprisonment

4. Trespass to Land

5. Trespass to Chattels

Front 6

What are all the intentional torts?

Back 6

1. Battery

2. Assault

3. False Imprisonment

4. Trespass to Land

5. Trespass to Chattels

6. Conversion

7. Intentional/REckless Infliction of Emotional Distress

Front 7

What is intent?

Back 7

Intent is a state of mind about consequences or results (purpose or knowledge)

Front 8

Intentional/Reckless Infliction of Severe Emotional Distress

Back 8

1. Intent to cause emotional distress or recklessness with respect, thereto

2. Extreme and outrageous conduct

3. Causation

4. Severe emotional distress

Front 9

IIED Bystandard Claims

Back 9

Has to prove all of the elements of IIED

PLUS

1. plaintiff was present at the injury to the other person

2. The other person was a close relative of the plaintiff

3. Defendant knew that plaintiff was a close relative AND that plaintiff was present

Front 10

Recklessness (both definitions)

Back 10

Subjectively: Conscious indifference to a known risk of serious harm

Objectively: Extreme lack of care

Front 11

False Imprisonment

Back 11

1. Intent (purpose or knowledge) to confine

2. Unconsented detention within boundaries fixed by the defendant without a reasonable exit apparent

3. By unreasonable force, threat of force, or assertion of legal authority

4. Harm or knowledge of confinement

Front 12

Trespass to Land

Back 12

1. Intent (purpose or knowledge) to be present

2. Unconsented physical presence on, above, or under the land of another.

Front 13

Trespass to Chattel

Back 13

1. Intent (purpose or knowledge) to affect chattel

2. Unconsented minor interference with possessory interest in dispossession, use, or physical contact

3. Absent Dispossession, Damage in the form of: Substantial loss of use, or Impairment of condition, quality, or value

Front 14

Conversion

Back 14

1. Intentional unconsented exercise of dominion/control

2. Over chattel

3. That so seriously interferes with the true owner's right of control so as to justify a damage award equal to the full value of the chattel

Front 15

Dispossession is Committed by intentionally ?

Back 15

1. Taking without permission

2. Obtaining by fraud or duress

3. Barring Access

4. Completely destroying

5. Taking into the custody of the law

Front 16

Contributory Negligence

Back 16

Failure to exercise reasonable care on one's own behalf

Front 17

Assumption of the Risk

Back 17

1. Voluntary confrontation of a

2. Subjectively appreciated danger

3. With no expectation that defendant will exercise care

Front 18

Damage Awards for Future Losses elements

Back 18

Longevity

Future earnings

Discounting

Inflation

Front 19

Longevity

Back 19

May be predicted using mortality tables

Front 20

Future Earnings

Back 20

Based on the plaintiff's ability to earn money in the future, as well as the period during which the plaintiff would b e likely to work (i.e. through retirement age)

Front 21

Object of discounting

Back 21

Lost future wages to present value is to give the plaintiff an amount of money which, invested safely, will grow to a sum equal to her wages

Front 22

Inflation

Back 22

Reflects the los of purchasing power in the future

Front 23

Under common law what are the two major defenses?

Back 23

1. Contributory negligence

2. Assumption of the risk

Front 24

Contributory negligence

Back 24

Existed if the plaintiff's failure to exercise care for self protection contributed to the plaintiffs injury or loss