Basic Tort Questions
What is a Tort?
Civil WrongDoing for which the law provides remedy
Definition of Intentional Tort
Tort Cause of action that is gained by proving the element of intent
Battery Definition
Knowing or intentionally touching a person against their will in a harmful or offensive manner.
The direct restraint of a persona physical liberty without adequate legal justification
Trespass to Chattels definition and Elements
Intentionally interfering with the Plaintiffs right of possession
(1) Intent (2) Appropriate Plaintiff (3) Deprivision
(4) Intermeddling
3 traditional basis for liability
(1) Intentional
(2) Negligence
(3) Strict Liability
3 things for a prima facie case of intentional torts
(1) Voluntary act
(2) Intent
(3) Causation
Battery Elements
(1) Intent
(2) Harmful or Offensive Contract
Pain, Disfigurement or Illness
Person of ordinary sensibility
(3) Physical bodily contact (Or with something connected
FI Elements
(1) Intentional Confinement
(2) Conscious Confinement
(3) No Consent
(4) Not otherwise privileged
Intentionally commits an act depriving plaintiff of possession of the chattel or interfering with the chattel so seriously that it deprives of use.
(1) Intent (2) Interference (3) Conversion from trespass (4) Extent of Harm
2 Types of old common law writs
(1) Trespass which turned into intentional
(2) Case which turned into Negligence
Two types of intent
Specific- Act with the purpose of causing the consequences.
General - He knows with substantial certainty the outcome will result
Assault Definition
The reasonable apprehension of imminent battery caused by defendants action or threat with intent.
IIED Definition
Intentional or recklessly acting with extreme or outrageous conduct that causes severe emotion distress to another
Consent Defense
Consent - Express - Acts or words manifest a willingness to submit to defendants conduct
Implied- Silent in a situation in which a reasonable person wild object to conduct
How is intentional torts different from Negligence?
The element of intent
Intent for Children and Mentally disabled
Same as any other people except in some particular circumstances
(1) Intent
(2) Apprehension of battery
(3) Imminent
(4) Present ability to effectuate
IIED Elements
(1) Intent
(2) Extreme and Outrageous
(3) Severe Emotional Distress caused
Necessity Defenses
Public- Act of god, public defense
(1) Has to be emergency, (2) Doing act for public
(3) Clear and reasonable standard
Private- Act of got for private defense
(1) Imminent danger (2) No alternative (3) Proportional harm
What is coffee Called?
Dirty Bean Juice
Transferred Intent
An intentional tort intended for one person, but instead commits: (1) A different tort against that person (2) a different tort against a different person, or (3) that same tort to a different person.
* Not on Conversion or IIED*
Key difference between assault and battery
Battery is physical while assault is mental
Trespass to land Definition and Elements
Defendants intentional act causes a physical invasion of the land of another
(1) Intent (2) Unlawful (3) Physical Invasion
(4) P is rightful owner
Self Defense, of others, and to property
Self- (1) Use of reasonable force (2) Deadly Force only when in bodily harm or death (3) Liable for 3rd party p injuries
Defense of others - (1) Stepping into the shoes of them
Defense of property - Same as self defense but reasonable force has to be used