INTENTIONAL TORTSy
DEFENSES TO INTENTIONAL TORTS
DUTY
BREACH
CASE LAW
100
Trespass To Land
What is an affirmative intentional act which invades Plaintiff's possessory interest in land?
100
Can be actual. implied, or informed.
What is Consent
100
Invitee
What is a business Guest called at Common Law?
100
Res Ipsa Loquiter
What is the legal theory used when the facts speak for them self?
100
Byrne v. Boadle (about a flour Barrel that fell out of a loft)
What is the name of the case that introduced Res Ipsa Loquitur?
200
False Imprisonment
What is an Act or Omission with intent to confine another?
200
Self Defense
What is reasonable force necessary to prevent actual harm?
200
Special Relationship
This exists between a parent and child, a doctor and patient, and an employer and employee.
200
LAST CLEAR CHANCE
What is the theory called regarding the last person able to prevent a harm?
200
Summers v. Tice
What is the name of the case that allowed the burden to shift the the Defendants to show they were not liable, because otherwise, the Plaintiff would not have ever been able to determine who committed the harm?
300
Conversion
What is an act or omission to act with intent to assert control over an object belonging to the Plaintiff?
300
Public Necessity
When property is taken or used for a public purpose.
300
Social Guest
What is an Invitee called at common law?
300
CONTRIBUTORY NEGLIGENCE
What is the Common Law legal theory that prevents a person from claim if they were somehow involved in the harm that was caused?
300
Carroll Towing - 5 barges tied together
What is the name of the Case that introduced the Learned Hand Formula?
400
Battery
What is an affirmative act committed with intent to make contact with another, when a harmful or offensive touching occurs?
400
Arrest
What can made with no warrant if there is probable cause that a felony has been committed?
400
The Hand Formula
When the Burden of taking precautions is less than the sum of the probability of harm multiplied by the liklihood harm.
400
ASSUMPTION OF RISK
What is the name of the legal theory behind a person agreeing to the rules of sport they undertake?
400
Li v. Yellow Cab
What is the name of the case that did away with the common law theory that prevented a plaintiff from recovery if they in any way contributed to the harm caused?
500
Intentional Inflicition of Emotional Distress
What is an extreme outrageous act, committed with intent to cause emotional upset to another, which does, in fact, cause emotional upset?
500
Shopkeeper's Priviledge
When reasonable suspicion exists that a crime has been committed, a person may be restrained for a reasonable time, in a reasonable manner.
500
Privilidge
When reasonable grounds exist for suspicion of a crime, a person can be detained in a reasonable manner for a reasonable time period.
500
What case defines the duty owed by a therapist to a person identified as in danger?
What is Tarasoff v. UC REGENTS
500
ROWLAND v. CHRISTIAN
What is the name of the case that identified all persons as either a Trespasser, Invitee, or Licensee?