torts

intentional torts

100

what is intent

• act done for the purpose of causing an act or knowledge on part of the actor that such contact is substantially certain to be produced.

200

transferred intent

1. If a defendant intends to commit any intentional tort and the defendant actually commits an intentional tort, he or she is liable for that tort, even though (i) it is a different intentional tort; OR (ii) it is an intentional tort against a different person or thing (battery, assault, false imprisonment, trespass to land, trespass to chattels)

300

true or false:

• If there is a reasonable means of escape that is apparent or that the defendant knows about, there is no false imprisonment.

true

400

negligence formula

B<PL

If the Burden (B) is less than the Likelihood of Harm (P) multiplied by the Magnitude of injury (L) (or damages or harm) then the reasonable person should act

500

when should a duty be imposed on an individual

Likelihood that someone would be hurt because the defendant acted how they did

Magnitude of harm that could be caused because the defendant acted how they did

Costs and Benefits of requiring the defendant to do what they should have done

definitions

100

battery

: A battery is an affirmative act in which (1) the defendant intends to cause (affirmative action) harmful or offensive contact with the plaintiff, and (2) harmful or offensive contact with the plaintiff occurs. The

200

assault

An affirmative act in which the (1)defendant intends to put the plaintiff in apprehension of imminent harmful or offensive bodily contact and(2) the plaintiff actually apprehended imminent harmful or offensive contact.

300

False Imprisonment

(1) Intentional and unlawful restraint, (2) through force or threat of force, (3)which confines someone to a bounded area.

400

IIED

One who,(1) without a privilege to do so, (2) by extreme and outrageous conduct (3)intentionally causes severe emotional distress to another is liable (a) for such emotional distress, and for bodily harm resulting from it.

500

trespass to land

One who (1) intentionally and (2) unlawfully (3) enters or causes a thing or third person to enter land (4) in the possession of another is liable to the possessor for trespass to land

definitions

100

trespass to chattels

committed by intentionally (a) dispossessing another of the chattel, or (b) using or intermeddling with a chattel in the possession of another

200

self defense

• A person is privileged to use reasonable force to defend him or herself against a threatened battery.

300

negligence

A duty to use reasonable care: an obligation by the law requiring the actor to conform to a certain standard of conduct for the protection of others, a failure to conform to the required standard(Breach) a reasonably close causal connection between the conduct and the resulting injury(Causation) actual loss resulting to the interests of another (Damages)

400

consent

Legally effective consent is a defense to all intentional torts. For consent to be legally effective it must be informed, voluntary, and given by someone with the legal capacity to consent

500

necessity defense

the necessity defense generally privileges an actor to commit trespass to land, trespass to chattel, or conversion to avoid some imminent, greater harm. Necessity may either be public or private.

true/ false

100

• There can be no assault unless there is an ability to carry out the threats

true