INTRODUCTION
ELEMENTS
RULES
EXPLANATION
HYPOTHETICALS
100
A civil wrong, other than breach of contract, for which a remedy may be obtained usually in the form of damages
What is TORTS
100
The breach of a duty to exercise reasonable care on behalf of another
What is Negligence
100
DOUBLE JEOPARDY!!!!! This hypothetical person sets the standard by which everyone else in society is expected to act.
Who is the reasonable person?
100
This is established by proof of purpose or knowledge
What is INTENT
100
A man sees two teenagers running toward him with what looks like a gun in hand. He is packing heat. When he pulls out his gun, the kids turn around and run away and he shoots one of them. What defense might be successful?
What is Self defense? No! Retaliation is not an acceptable defense. Once threat to body/life is no longer in existence, it is no longer self-defense
200
Impose liability on Defendant and restore the Plaintiff, act as a deterrent to Defendant, allocate losses, and establish minimum standards of conduct. base liability on fault deter accidents limit liability in proportion to fault spread losses broadly foster predictability shift losses to deep pockets
What are public policies
200
a defendant is liable if he: intentionally causes harmful or offensive contact to the plaintiff's person
What is Battery
200
True or false. A trespass to land cause of action requires a specific harm or injury.
What is false?
200
True or false. Only tangible chattels can be trespassed upon.
What is False. See Compuserve case.
200
Joe Fox is a amateur cage fighter. During a particularly rough fight, Joe Fox sustains a broken nose and sprained back. Despite sustaining these injuries as a result of another fighters intentional acts, Joe will not have a good claim against the fighter because of this.
What is consent?
300
These are the type of damages that compensate individuals for pain and suffering, lost wages, and property damage
What is compensatory damages
300
This tort involves an intentional threat or show of force that causes a reasonable fear of bodily injury.
What is assault
300
What are the two types of necessity and define them?
What is a. Public – acting for greater good of the public i. No compensation unless by statute b. Private – acting for own private interest to avoid a greater harm i. Entitled to compensation
300
True or false. A defendant who confines an individual for his or her own benefit is not liable for false imprisonment.
What is false
300
A man walks into a bank demands money at gunpoint. He then tells the employees that he's rigged the place and if they try to make a call or leave the building within the next 10 minutes, bombs will explode. If the man is later arrested, the employees of the bank could bring these civil claims
What is assault, false imprisonment, intentional infliction of emotional distress
400
These are the type of damages awarded to plaintiffs when the defendant's conduct is extreme and malicious; the goal is to punish the defendant and deter future wrongful conduct
What is punitive damage
400
The prima facie case of false imprisonment.
What is the defendant acted INTENDING to CONFINE the plaintiff within a FIXED BOUNDARY; the defendant's acts resulted in the COMPLETE CONFINEMENT of the plaintiff and the plaintiff was CONSCIOUS of the confinement.
400
When determining whether the elements of battery have been met, "contact" includes this.
What is direct or indirect physical contact. (i.e. a flying object vs. fist or contact with the person vs. a purse carried by the person)
400
Third party liability depends on...
What is the defendant's awareness of the third party's presence. The third party must either be a member of the battered individual's immediate family OR experience bodily harm.
400
Bob was playing around with his very realistic looking toy gun. When John comes up behind him. Bob is startled and aims his toy gun at John who faints thinking the gun is real. Bob doesn’t know what to do, so he sticks John in a nearby shed belonging to Mary and locks the door. Mary is gardening outside and finds John passed out in the shed. She pulls him out in order to get her tools, and John wakes up an hour later. Spot the (potential) intentional torts.
What is a. Assault b. IIED c. False imprisonment d. Trespass to land a. Assault: placing someone in reasonable fear or apprehension of imminent bodily harm. b. IIED: Intentional conduct that is outrageous (exceeding all bounds tolerated by society) and that actually causes emotional distress. c. False Imprisonment: The intentional and direct restraint of a person against their will without adequate legal justification. d. Trespass to Land: The intentional entering of the property of another without privilege.
500
Intent can transfer between ______
What is all 5 original intentional torts: false imprisonment, battery, assault, trespass to chattel, trespass to land
500
What is the difference between Trespass to Chattels and Conversion?
What is Conversion involves serious interference to chattel while trespass involves minor What is the degree of interference by the defendant with the plaintiff's property
500
Mrs. Smith owns the local pharmacy in town. One day she notices a group of three teenagers walk in and they're acting a little suspicious. The group splits up so that Mrs. Smith can't watch them all, but as they reconvene, she sees one of the teens swipe some make-up and put it in her purse. The other teens notice as well and laugh. Mrs. Smith stops the group and asks all of them to join her in the back room and wait until the cops arrive. If any of the teens bring a false imprisonment claim against Mrs. Smith, she can rely on this rule to avoid liability.
What is the "privilege to detain"
500
Once privileges to be on the property are revoked, the defendant has a duty to _____
What is leave the property or remove anything that was once permitted to be there but is no longer privileged.
500
David got angry at Bobby for ironing his short on the study room table, and may have committed any of these three torts when he smacked the iron out of Bobby's hands.
What is battery, trespass to chattels, and conversion?
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