Definitions of Torts
The tort in which an actor makes offensive or harmful physical contact with another.
What is Battery?
This is the kind of intent present when a tortfeasor commits the tort with the intention to injure the other person.
What is purpose intent?
The affirmative defense in which a defendant claims that their action was warranted in order to protect themselves (or others) from imminent harm.
What is Self-Defense?
When the court awards you a low amount of damages, such as a single dollar, to recognize that you were legally wronged but did not suffer significant loss, you have received this.
What are Nominal Damages?
If you tell your friend you're going to shoot them with a unloaded gun they believe to be loaded, you are guilty of this tort.
What is assault?
The tort in which an actor intentionally confines another person.
What is False Imprisonment?
This is the kind of intent present when a tortfeasor might not be acting with the specific intent that their action injures the victim, but is aware there is a high chance the action will injure them.
What is knowledge intent?
The affirmative defense in which a defendant claims that either: (a) the plaintiff allowed their action, or (b) the defendant had reason to believe the plaintiff would allow their action.
What is Consent?
These are the types of damages that the court awards you with the intention of helping you recoup any losses you might have suffered--- such as repaying medical bills incurred from the tort, reimbursing you for property damage, or giving you a monetary amount of damages for "pain and suffering."
What are compensatory damages?
If I sneak up behind a person to punch them once in the head before telling them that I will kill them next week if I see them outside my favorite coffee shop again, which two intentional torts am I guilty of?
What is Battery and IIED?
This tort was created to fill in the gaps left by other intentional torts, for which a person can be liable if they act in a way that is extreme/outrageous and causes another person severe emotional distress.
What is Intentional Infliction of Emotional Distress?
This is the kind of intent present when you have the intention to commit a tort in some context, but the harm or tort you actually cause does not align with what you intended--- an example being in re White, where the defendant claimed he intended to scare a third party with a gun but accidentally shot the plaintiff instead.
What is transferred intent?
The affirmative defense (applicable only to false imprisonment) that allows merchants assert they had a valid reason to detain a person under the belief that the detainee was either stealing or attempting to do so.
Shopkeeper's Privilege
These are the damages the court awards when their intention is not just to compensate the wronged party, but to also punish the tortfeasor.
What are punitive damages?
This specific type of property tort occurs when an actor intentionally interacts with someone else's personal property in a way that exerts dominion over it and deprives the owner of use or possession over the object.
What is the property tort of conversion?
SURPRISE CHALLENGE! The first person to absolutely house four pieces of sushi after I say go gets 400 points.
lol
The only affirmative defense that places the burden of proof on the plaintiff rather than the defendant.
What is Qualified Immunity?
Instead of awarding you damages, the court may instead order this kind of relief, ordering one of the parties to take a specific action.
What is injunctive relief?
Billy and Susie are dating. Billy is a wheelchair user who is supposed to get on a flight the next morning. Susie, not wanting him to leave, hid his wheelchair overnight. She did not lock the door to the room. Billy slept for seven hours before waking up. Once he did, he immediately demanded the return of his wheelchair. Susie gave in and returned his wheelchair after thirty minutes, but began to cry and begged him not to leave. He felt bad for her and spent twenty minutes comforting her before he left.
Billy was falsely imprisoned for this many minutes.
What is thirty minutes?
This is the kind of intent the court was present in Garratt v. Dailey, where the court ruled that a young boy who pulled a chair out from his aunt could be held liable for battery when she fell.
What is knowledge intent?
While there are multiple defenses to trespass, Professor Crootof stated in class that this is the most common affirmative defense for cases of trespassing.
What is Consent?
If the case orders an injunction against you and orders you not to contact your ex-girlfriend anymore, and you call her eighteen times the next day, the court can hold you in this.
What is contempt of the court?