Assault/Battery
What kind of torts are assault and battery?
intentional torts
What property torts did we discuss in class?
trespass to land, trespass to chattel, and conversion
What are the two kinds of cause in negligence?
What is the difference between express and implied assumption of the risk?
express is a waiver and implied is through conduct
What is a tort?
A civil wrong
Can harmful or offensive contact be subjective?
yes, so long as there is notice that objectively normal contact is subjectively offensive to the individual who notifies others
is refusal to leave trespass?
What are the elements of negligence?
Duty, Breach, Cause (Actual and Proximate), Damages
What is the difference between an inherent risk and a negligent risk?
what are the consequences if someone is found liable in a tort case?
the person found liable must pay monetary damages
What is the key distinction between assault and battery?
physical contact (directly or indirectly)
to recover damages, actual dispossession or damage to the chattel, its owner, or property is required
What is a proximate cause analysis?
Should the court hold the negligent person liable for the subsequent injuries that occur along the causal chain? (remember that it includes an analysis of
Is DC a comparative fault or contributory negligence jurisdiction?
contributory negligence
Can the standard of care ever be modified?
yes - when there are certain special relationships present
What is intent?
Purpose to cause a result or knowledge with substantial certainty that their action would result in a contact
what is the difference between conversion and trespass to chattel?
conversion is for the total value of the chattel whereas trespass to chattel is temporary dispossession
What is the difference between a superseding cause and a intervening cause?
Superseding causes break the causal chain because they are unforeseeable, whereas intervening causes are foreseeable and maintain the connection between the initial negligent person and the injured party
What is assumption of the risk?
Plaintiff knew of the relevant risk and with that knowledge, made the conscious decision to expose themself to that risk
What is the standard of review for a tort case?
preponderance of the evidence
Assault: Intentional placement of another in apprehension of imminent harmful or offensive contact.
Battery: Intentional harmful or offensive contact (direct or indirect) with another.
What is the holding in Compuserve v. Cyber Promotions, Inc.?
trespass to chattels is actionable when the tortfeasors conduct interferes with the true owner's possessory interest in their chattel
What is the reasonable standard of care?
Care exercised by a reasonable person in the same or similar circumstances
How does comparative fault aportionment work?
The court makes a determination as to how much each negligent person is liable for and they pay proportionate amounts of the damages
What are the five major defenses to intentional torts?
Self defense, defense of property, recapture of chattel, consent, and necessity