Intentional Torts
Intentional Torts
Intentional Torts
Negligence
Negligence
100

What is single intent?

what is dual intent?

Single Intent (majority): only intent to make contact

Dual Intent (minority): Intent to make contact AND cause harm or offense

100

Elements for False Imprisonment

  • Intent to confine
  • Resulting in confinement AND
  • Harm to plaintiff OR awareness of confinement
100

There are 2 types of Consents within intentional torts defenses...

Express: Written or verbal

Implied: action or inaction, circumstances, conduct, silence, custom and usage



100

Any conduct that creates an unreasonable risk of harm to others

What is negligence?

100

When a plaintiff sues a defendant on a negligence theory, the defendant is held to the standard of care that would be exercised by a reasonable person under the same or similar circumstances as the defendant was in at the time of the alleged negligence

What is Reasonable Person Standard

200

The assumption of intent even if the actor didn’t intend the result, but knew with substantial certainty the effect would occur as a result of his action

what is substantial certainty?

200

Elements for Intentional Infliction of Emotional Distress

  • Defendant acted intentionally or recklessly
  • Conduct was extreme or outrageous
  • Actions of defendant cause plaintiff's emotional distress
  • Resulting in SEVERE emotional distress
200

Right to protect yourself as long as it is reasonable


What is self-defense?

200

Owed by defendant to plaintiff

What is duty?


200

If the cost of the burden to avoid harm is less than the cost of the probable harm, then you have a duty to eliminate risk

What is Learned Hand Formula?

B<PxL = Duty

300

Elements for Battery

  • Intent
  • To cause harmful or offensive contact, AND
  • That harmful or offensive contact ACTUALLY occurs
300

Elements for Trespass to Land

  • Intent
  • Entry upon land of another
  • By person or object
300

Person is privileged to use the same type of force to protect others from harm as they would use to protect themselves.

What is defense of others?

300

Defendant failed to conform to the required standard of conduct



What is breach?

300

The standard is how would a reasonable person in that position in that profession have acted

What is the Professionals Standard of Care

400

Anything so connected with the body as to be customarily regarded as a part of the other’s person.

What is Fisher v. Carrousel Motor Hotel?

400

Elements for Trespass to Chattels

  • Intent
  • Disposal or intermeddling with a chattel in the possession of another OR
  • Impairment of the chattel's condition, quality, or value OR
  • Deprivation of use of the chattel for substantial time
400

Elements for Private Necessity

  • Conduct MUST be reasonable at the time of the taking
  • Generally, the reason for trespass must be life-threatening
  • Harm prevented must outweigh the harm causes
400

Cause in fact AND proximate cause between the conduct and harm

What is Causation?

400

May negate negligence if he takes the same precautions an ordinary reasonable person afflicted with the same disability would take under the same/similar circumstances

What is the Physical Disabilities standard

500

Elements for Assualt

  • Intent
  • To cause apprehension of an imminent harmful or offensive contact
  • AND the person actually apprehends that harmful or offensive contact
500

Elements for Conversion

  • Intent
  • To exercise substantial dominion over the chattel
500

Elements for Public Necessity

  • Needs of many outweigh the needs of few
  • Trespass or conversion reasonably necessary to avert a public disaster
  • Only needs to be reasonable at the time of the taking
500

Actual loss or damages

What is damages?


500

Held to a higher standard when participating in inherently dangerous activities

What is the Children Standard of care

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