Intentional Torts
Int Torts 2
Fighting Back
Fakely Jailed
Do I have to?
100

What is an "act" for intentional torts?

any minimal volitional movement

100

What is "intent" for intentional torts? 2 parts

1 D acts with purpose of producing consequence

2 D acts knowing consequence is substantially certain to occur

100

What is definition of consent?

P's consent (agreement) by words or actions to submit to D's conduct


DEFENSE TO ALL INTENTIONAL TORTS 

100

What is the definition of false imprisonment?

1 D Acts

2 Intending to confine

3 D's act causes P to be confined

4 P is aware of or harmed by confinement

100

What must P do to establish a duty is owed?

P must establish D owed the P an obligation to take care not to cause type of injury suffered.

200

What is direct vs indirect contact?

direct is "flesh on flesh" or "flesh on clothes"

indirect is by means of a weapon, tool, trap, or other instrument

200

For battery, what is offensive contact?

Contact that offends a reasonable sense of personal dignity

200

What is the test for implied consent? 3 parts

Assess:

1 nature of P's conduct-words/actions

2 time/place/circumstances

3 relationship between parties


200

When is a person "not confined" because they can escape for false imprisonment?

When P has " a known, safe, and reasonable means of escape"

200

What type of cases will courts require addtl proof before holding D owed a duty? (HARD CASES)

When D does not act affirmatively or P suffers non-physical injury 

300

What is the known sensitivity rule?

D knows of P's unusual sensitivity to touching and does anyways 

300

For battery, what is the "extended personality" rule?

The touching of anything so connected with the body can be regarded as part of person

300

When is consent invalid? 2 parts 

1 obtained through fraud/ misrepresentation/coercion

2 P lacks capacity to consent (age/mental incapactiy) and a reasonable person in D's position would perceive P's lack of capacity

300

What is the bounded physical space requirement for FI?

Confinement must be in a bounded physical space, but it may be a non-stationary space.

If boundaries are too broad and permissive of free movement OR if P is barred from taking a particular route/destination, there is NO confinement

300

Is there a duty to rescue/protect if P is in imminent peril as a result of D's conduct?

D owes a duty to take reasonable care to rescue when D knows or should know that he has, by his own conduct, caused victim to be in imminent peril?

400

What are the elements of battery in dual intent state?

1 D Acts

2 intending to cause contact with P

3 intending to cause harmful or offensive contact  AND

4 D's act causes P to suffer harmful/offensive contact

400

For battery, what does court use to assess whether contact is "offensive"? 3 things 

1 nature of D's conduct

2 time/place/circumstances

3 relationship between parties 

THIS IS OBJECTIVE standard

400

What is the rule for defense of others?

D who ACTUALLY AND REASONABLY believes it is necessary to injure P to avoid imminent injuries to 3rd parties is privileged to use REASONABLE force as necessary to protect 3rd parties

400

What is the intent requirement for FI?

D must intend to confine

400

What is a Good Samaritan statute?

Good Samaritan statute immunizes a voluntary rescuer from liability if they perform a negligent rescue.

 Rescuer is only liable if they intentionally injure the victim or act recklessly. 

500

For assault, can words or threats constitute assault?

Words can constitute assault ONLY if paired with acts or circumstances that put P in reasonable apprehension of imminent harmful or offensive contact 

500

What is the eggshell skull rule?

Take P as you find them, D is liable for all harm caused even if P has an UNKNOWN susceptibility

500

What is the precipitation/provocation rule?

D who immediately provokes the confrontation in which defensive force is used is barred from invoking self-defense UNLESS after precipitating D disengages or manifests and intent to disengage

500

What is the "confinement" requirement for FI?

P must be confined by:

1 by violence, threat, physical barrier

2 within a bounded physical space

3 for any appreciable time no matter how short

500

What is the Tarasoff rule?

When a therapist determines, or pursuant to the standards of their profession should have determined, that his patient presents a serious danger of violence to another, he owes a duty to use reasonable care to protect an identifiable victim against the danger.