Tort Definitions
An intentional act that causes a harmful or offensive contact with the plaintiff (or something closely connected thereto). The defendant must either desire to cause an immediate harmful or offensive contact; or know such contact is substantially certain to occur.
What is a battery?
Someone raises a fist but doesn’t strike.
What is assault?
Allows reasonable self-protection.
What is self-defense?
I
What stands for issue?
An intentional act that causes someone to reasonably believe they will experience harmful or offensive contact in the near future.
What is assault?
Someone taps another on the shoulder and they jump.
What is battery?
Plaintiff's own negligence contributes to the harm.
What is contributory or comparative negligence?
R
What stands for rule?
Duty
Breach
Causation
Damages
What are the elements of negligence?
A store employee forgets to mop up a spill in the aisle. Jordan slips, falls, and breaks her wrist.
What is negligence?
Defendant must reasonably believe another person was in imminent danger and that force was necessary to protect them.
What is defense of others?
C
What stands for conclusion?
Case that expanded bodily contact to to something closely connected to the plaintiff's person.
What is Fisher v. Carrousel Motor Hotel, Inc.?
Spitting on someone.
What is battery?
Occurs when a person clearly communicates agreement to contact or conduct, usually through words or writing.
What is express consent?
A
What stands for application/analysis?
The great-grandparent of all assault cases.
What is I de S et ux v. W de S?
Threatening violence through a locked window.
What is neither? (No imminent apprehension.)
Inferred from a person’s conduct or the circumstances, such as participating in a sport or not objecting to physical contact.
What is implied consent?
CRAC
What stands for conclusion, rule, application, conclusion?