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Torts FYLSE > Page 2 > Flashcards

Page 2 Flashcards

0
Q

If you intend to scare someone, but you end up punching them, what have you done?

A

Committed a battery

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1
Q

What is required for the intent element of battery?

A

Must either intend to cause immediate harmful/offensive contact, or intend to cause an immediate apprehension of that contact

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2
Q

What are the two different ways you can have intent for battery?

A

Desire to cause a touching, or believe it is substantially certain to result from your act

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3
Q

If you accidentally hit someone, is that a battery?

A

No, so you would need to look at strict liability or negligence

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4
Q

Must you intend harm for a battery?

A

No, you only have to intend contact

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5
Q

Does the contact have to be serious for a battery?

A

No, even minimal contact is okay

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6
Q

Who bears the risk of unforeseen harm arising from a battery?

A

Defendant

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7
Q

Does transferred intent apply to battery?

A

Yes

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8
Q

Do psychological affronts count for battery?

A

Yes

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9
Q

Does offensive contact have to be harmful for battery?

A

No

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10
Q

Does the plaintiff have to be conscious of the offensive contact at the time of the offense for battery?

A

No

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11
Q

How is the harmful or offensive element of battery determined?

A

According to the reasonable person, unless the defendant knows the plaintiff has a disability or susceptibility

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12
Q

What is the definition of harmful for battery?

A

Something that injures, disfigures, impairs, or causes pain to any bodily organ/function

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13
Q

What is the definition of offensive for battery?

A

Anything that would offend a reasonable person’s sense of personal dignity

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14
Q

How do you deal with a hypersensitive reaction for battery?

A

If the touching wouldn’t cause a reasonable person offense, but it does the P, the only way for defendant to be liable is if he knew of the plaintiff’s hypersensitivity and proceeded anyway

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15
Q

Must you make physical contact with the body of another for battery?

A

No, the contact can be with something closely connected to the body or setting something in motion

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16
Q

What are some examples of a battery that happens from contact with something closely connected to the body?

A

Knocking someone’s glasses off or their hat

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17
Q

What are some examples of setting something in motion that causes a battery?

A
  • throwing a rock that hits the P
  • blowing smoke in P’s face
  • putting poison in P’s drink
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18
Q

If you come close to making contact with someone can that be a battery?

A

No

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19
Q

Is it possible to batter someone that is unconscious?

A

Yes, they don’t have to be aware of the touching at the time

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20
Q

If you know you have a venereal disease and your partner doesn’t know, do you commit a battery if you have sex with them without telling them?

A

Yes

21
Q

When is a battery complete?

A

As soon as a harmful or offensive touching happens

22
Q

What are the damages that are available for battery?

A

Compensatory, nominal, and punitive

23
Q

What is the minimum damage you can recover for battery?

A

Nominal damages

24
Q

What are compensatory damages?

A

Compensate for the harm suffered

25
Q

What are the two types of compensatory damages?

A

General and special

26
Q

What are general compensatory damages for battery?

A

Nonpecuniary damages such as:

  • embarrassment
  • disfigurement
  • pain and suffering
27
Q

What are special compensatory damages for battery?

A

Identifiable economic losses like:

  • medical bills
  • lost wages
28
Q

What are punitive damages?

A

When defendant’s act is motivated by an intent to injure or harm the plaintiff

29
Q

What are the factors to figure out if due process was violated by an excessive punitive damage fine?

A
  • reprehensibility of conduct by defendant
  • disparity between compensatory award and punitive award
  • difference between the punitive award and possible criminal penalties
30
Q

What is the general award cap for damages for intentional torts?

A

Courts strongly suggest that anything bigger than a ratio of 9 to 1 is unconstitutional

31
Q

What is false imprisonment?

A

A volitional act done with requisite intent (to confine or restrain) that causes the plaintiff to be confined to a bounded area

32
Q

How much time is necessary to prove false imprisonment?

A

Any amount is sufficient

33
Q

Does transferred intent apply to false imprisonment?

A

Yes

34
Q

What is the voluntary act element of false imprisonment?

A

Some act by the defendant the causes the confinement of the plaintiff

35
Q

What is required for the intent element of false imprisonment?

A

Must be actual desire to confine or restrain or substantial certainty that it will occur

36
Q

If you get locked in Target overnight, is that false imprisonment?

A

Probably not because you can’t prove the employees intended to lock you in

37
Q

Do you have to be conscious of your confinement for false imprisonment?

A

Yes, or you have to get hurt by it

38
Q

What is required for actual confinement for false imprisonment?

A

Must be restricted to a limited area without knowledge of a reasonable means of escape

39
Q

What is required for physical barriers for false imprisonment?

A

Must be surrounded in all directions

40
Q

What are some examples of physical barriers that would count for false imprisonment?

A

Fences, walls, something that would stop you from escaping like taking away your crutches, a ladder, or wheelchair

41
Q

Can words alone be enough for false imprisonment?

A

Yes, if they are a threat of physical force

42
Q

If you block one direction of a highway is that enough for false imprisonment?

A

No, because the person can go in other directions

43
Q

If you get on a commercial plane or bus, what have you impliedly agreed to?

A

To abide by the rules of entrance and exit at scheduled stops only

44
Q

Is it false imprisonment if a public bus won’t let you off at a nonscheduled stop?

A

No, because you impliedly agreed to abide by the rules of entrance and exit at scheduled stops only

45
Q

What is the force or threat required for false imprisonment and who can it be directed at?

A

Must be immediate and can be directed at plaintiff, family, companions, or property

46
Q

If the defendant grabbed your coat and you refused to leave without it, what has happened?

A

False imprisonment

47
Q

If someone threatens you with injury tomorrow, is that false imprisonment?

A

No, because you can leave and get protection

48
Q

Can the threat for false imprisonment be to their economic well-being?

A

No

49
Q

How can false imprisonment happen with an omission to act?

A

If you have a duty to act, like if someone took you out on their boat and left you there

50
Q

How can improper assertion of legal authority lead to false imprisonment?

A

If the arresting person isn’t privileged to act, they have committed false imprisonment

Torts FYLSE (61 decks)

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