Midterm - Intentional Torts and Affirmative Defenses Flashcards
(27 cards)
Battery
Act
Intent (purposeful or substantial certainty)
Contact (direct or indirect)
On another person
Harm or offense
Single Intent
Intent to contact
Dual Intent
Intent to contact
Intent to cause harm
Offense
Cannot be unduly burdensome or violate public policy
Intent
Purposeful or substantially certain that harm will be produced
Rule of 7s
Under 7: cannot form intent
7-14: burden in on the plaintiff to prove intent
14-18: burden is on the defendant to prove no intent
Parents can be responsible when?
Tort is willful or wantonly
Damages are limited
Transferred Intent
Contact does not need to be intended for you
Can transfer between torts
Assault
Intent
Immenant Act
Apprehension of harm or offense
False Imprisonment
Intent
Fixed Boundry
Conscientious to confinement or harmed by it
Trespass
Entering someone’s property
Intent
Harmful or offensive
Conversion
Depriving someone of property
Intent
Harm or offense
Factors to consider in conversions
Extent and duration
Defendant’s intent
Defendant’s good faith
The harm done
Expense or inconvenience
Trespass to chattels
Interfere with someone’s property
Have to have a trespass to chattels to have a conversion
Intentional Infliction of Emotional Distress
Extreme and outrageous
Intent or recklessness
Causal connection between conduct and injury
Severe emotional distress
Markers of outrage
Repeated over time
Abuse of power by someone with authority
Directed at a person known to be vulnerable
Terrorism
Do not have to be present
Only close family can recover
Sexual abuse of children
Sensory
Contemporary
Section 1983 violations
Federal right violated by state officials
14th amendment - shock the conciseness of the court
4th amendment - unreasonable seizure
8th amendment - cruel or malicious
Self defense
Reasonable belief
Reasonable force
Can defend 3rd party if you reasonable believe a tort is being committed
Defense of property
Hot pursuit: only allowed to try and recover property immediately after it is taken
Arrest and detention
Shopkeepers privilege
Force is reasonable
Shopkeeper’s actions were proper (calling law enforcement)
Reasonable manner and reasonable amount of time
Discipline of children
Force is reasonable
Force is related to safeguarding or promoting the welfare of the child
No substantial risk of physical harm, gross degradation, or severe mental distress
Consent
Willingness
Understand the consequences
Can be revoked at anytime by words or actions
