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Torts > Intentional torts > Flashcards

Intentional torts Flashcards

1
Q

what is the intention element within intentional torts?

A

Intention to do the act not to cause the harm

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2
Q

Battery

A

intentional and direct application of force to another without consent

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3
Q

Defense to battery

A

consent

presumed to consent to everyday touching

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4
Q

does transferred intent apply to battery

A

yes

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5
Q

assault

A

cause C to reasonably apprehend direct and immediate application of force

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6
Q

false imprisonment

A

complete restraint of bodily movement not authorised by law.

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7
Q

defenses to false imprisonment

A

necessity
authorised by law
reasonable means of escape
reasonable and lawful condition e.g. toll

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8
Q

can false imprisonment occur without C knowing

A

yes

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9
Q

Wilkinson v Downton

A

Willfully commit an act calculated to cause damage to C by indirect means
recognised mental illness
not recklessness. Only intent

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10
Q

Trespass to land

A

Intentional and direct unlawful interference with land.

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11
Q

Is proof of harm needed for trespass of land

A

No, actionable per se

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12
Q

defenses to trespass to land

A

consent and necessity

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13
Q

is mistake as to legal rights a defense to trespass to land

A

no

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14
Q

what intention is needed for trespass to land

A

intention to make contact with the land

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15
Q

what is land - trespass to land

A

surface, anything permanently attached to it, subsoil and airspace.

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16
Q

remedies for trespass to land

A

damages, injunction, declaration

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17
Q

protection from harassment act

A

course of conduct
pursued against C
caused alarm or distress

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18
Q

trespass to the person

A

assault, battery, false imprisonment

19
Q

defences to trespass to the person

A

consent, lawful authority, self defence, necessity (contributory negligence but not for assault or battery)

20
Q

what is private nuisance

A

continuous unlawful interference with rights, use and enjoyment of land

21
Q

do you need a property interest to claim in private nuisance

A

yes - you need a possessory or proprietary interest

22
Q

potential Ds for private nuisance

A

occupier of land even if they didn’t create nuisance, enough that they didn’t remedy it
creators of nuisance even if no longer occupying land
landlord by not evicting them

23
Q

Can malice impact whether an act is nuisance

A

yes it may cause an otherwise lawful act to be a nuisance.

24
Q

Can D be liable if nuisance is caused by the effect of nature on his land

A

yes if he fails to correct it

25
Q

is nature of locality relevant to a claim in private nuisance

A

only if claim is for loss of amenity (smell, noise etc.) not if it a claim for material damage to property

26
Q

can you claim for pure economic loss in private nuisance

A

no

27
Q

is planning permission relevant to a claim in private nuisance

A

it is a consideration but not a defense

28
Q

defenses to private nuisance

A

prescription (20 years)

statutory authority

29
Q

Is C coming to the nuisance a defense?

A

no

30
Q

remedies for private nuisance

A

injunction, damages, self-help

31
Q

when can damages be awarded in lieu of an injunction

A

shelfer:
- when injury to C’s legal rights is small
- capable of being estimated in money
- can be compensated by a small payment
- injunction would be opressive

32
Q

what is public nuisance

A

affect reasonable comfort and convenience of life of class of people

33
Q

who brings an action in public nuisance

A

public authority or individual with special damage

34
Q

what is special damage

A

direct an substantial

35
Q

do you need an interest in land for public nuisance claim

A

no

36
Q

can you recover damage for personal injury in public nuisance

A

yes

37
Q

what can you recover damages for in a claim for public nuisance

A

property damage, obstruction of highway, personal injury, economic loss

38
Q

can you claim for personal injury in a private nuisance claim

A

no

39
Q

can a nuisance claim be based on a one off event

A

public nuisance can be but private nuisance is more likely to need a state of affairs

40
Q

rylands v fletcher requirements

A

in the course of non-natural use of land
brings or keeps on land
something likely to do damage if it escapes
it does escape
it causes damage of the foreseeable kind

41
Q

what kind of damage can be recovered for in rylands v fletcher

A

damage to property and land but not personal injury

42
Q

is there an action in rylands v fletcher if the damage stays within Ds property

A

no

43
Q

defenses to rylands v fletcher

A 
act of God
statutory authority
consent of C
common benefit 
act of stranger who D had no control over
44
Q

is spread of fire actionable in rylands v fletcher

A

no

Torts (8 decks)

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