Defenses
Consent is not valid if it was obtained through what two things?
What is fraud or duress?
In Caudle v. Betts, a man was shocked with an electrical device at work, causing a tort of ____ to be committed.
What is Battery?
Christian throws a ball at Ben, misses, and hits Nic. What doctrine applies?
What is the doctrine of transferred intent?
This term can be described as "a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act."
What is a tort?
Consent can be express or __________.
What is implied?
True or False: Being drunk is a defense to intentional torts.
*tricky!*
What is False, unless it makes the person unconscious?
In Davis v. White, the defendant intended to hit one person but instead struck another.The doctrine of ______ ______ applied here.
What is transferred intent?
Analeigh locks Tim in a classroom and leaves. What tort is this?
What is False imprisonment?
This term can be described as "Purpose or knowledge to a substantial certainty."
What is intent?
This defense allows teachers and parents to chastise or punish a child; A teacher’s right is subject to a parents yearly written approval in public schools.
What is Discipline?
This doctrine allows a shopkeeper to detain someone reasonably suspected of theft.
What is shopkeeper's privilege?
In Nickerson v. Hodges, friends pretended there was buried treasure as a prank, causing a tort of ______________ to be committed.
What is intentional infliction of emotional distress (IIED)?
Hannah takes Bockrath's car for a joyride without asking, then returns it. What tort has she committed?
What is trespass to chattel?
This tern can be described as "the intentional confinement of another within fixed boundaries without lawful justification."
What is false imprisonment?
When a person uses reasonable force to protect themselves from immediate harm, what defense is this?
What is self defense?
This defense protects a defendant when their actions are justified to prevent a greater harm.
What is necessity? (public or private)
In Dual Drilling Co. v. Mills Equipment, Louisiana refused to apply strict liability for conversion. What did the court say about a mistaken belief of ownership?
If the defendant was mistaken about ownership but not negligent, it may not be conversion.
Nic swings at Sydney but she ducks. No contact occurs. What tort could Sydney still claim?
What is Assault?
This term can be described as "the legal doctrine holding one party responsible for the wrongful actions of another, most commonly an employer for the negligence of an employee acting within the scope of their job."
What is vicarious liability?
A landowner may use reasonable force to protect their land or property. But they may not use _____.
Deadly force.
In Louisiana, consent to an illegal act is a defense unless, "..."
Unless the law is designed to protect a certain class of persons, like minors or incapacitated elderly.
In Dickens v. Puryear, why was the claim treated as Intentional Infliction of Emotional Distress (IIED) instead of assault?
Because the threat was of future harm, not immediate harm.
Amelia is a doctor. She operates on a patient’s left leg instead of the right leg (oopsie!). The patient consented only to the right leg. What tort is this?
What is Battery (lack of informed consent)?
This term can be defined as the interference with another’s possessory interest in property so serious that the defendant must pay full value.
What is conversion?
What’s the difference between public necessity and private necessity AS DEFENSES?
Public necessity = complete defense (no liability). Private necessity = limited defense (must pay for actual damage).