Quiz 7 Content (Test 2) Flashcards
(19 cards)
tort
- a civil wrong (lawsuits, civil victim action)
- cause of action (COA, can seek legal remedy)
- an act that’s either intentional/unintentional
- a failure to perform a legal obligation/duty
- a violation/invasion of another’s right
facet 1
- π’s case
- Prima facie case
- Elements: 1, 2, AND 3 ALL have to be proven (except for fraud, trespass)
facet 2
- Δ’s case (response)
- Affirmative answers & defenses (“ya I did it, but here is my justifications for why I did it and why you can’t sue me”)
facet 3
- remedies
- compensatory, punitive, equitable (CPE)
levels of fault for torts
a) intentional
b) reckless
c) negligence
d) innocent
what are the 4 groups of intentional torts?
harm to person
harm to dignity
harm to property
harm to economic interests
harm to person
- assault
- battery
- (false imprisonment)
- infliction of emotional distress
harm to dignity
- defamation
- invasion of privacy (appropriation, intrusion, false light, public disclosure of private fact)
- misuse of legal procedure
harm to property
- real property: trespass & nuisance
- personal property: conversion
harm to economic interests
- interference w/a contractual relationship
- disparagement
- fraudulent misrepresentation (fraud)
“reasonable person”
- objective test, NOT subjective
- (getting in Δ’s head)
what torts do you need to know?
INTENTIONAL:
- assault
- battery
- defamation
- trespass
- nuisance
- conversion
- fraud
- invasion of privacy (x4)
- wrongful interference w/ a contractual relationship
UNINTENTIONAL:
- negligence
- strict liability (not tortious)
Tort of Assault: Facet 1
1) an intentional unlawful threat to cause bodily injury to another by force
2) under circumstances which create in the other person a well-founded fear of imminent peril
- doesn’t matter if Δ intended the consequences, what matters is they did it
- ask would a reasonable person be reasonably certain that consequences would result from threats (depends on specific circumstances: adult, child, disability)
- victim was aware of threat
- harm threatened has to be IMMINENT
- Δ has to have apparent present ability to carry out act
Tort of Assault: Facet
1) self defense (admit, justify, not liable)
2) consent (when you participate in an activity that’s part of the threat, i.e. trash talk in game)
3) privilege (police have privilege to threaten bc it’s part of their job)
Tort of Assault: Facet 3
CPE
Tort of Battery: Facet 1
1) Δ touched π’s person (doesn’t have to be body on body, can be extension, does NOT have to be imminent e.i. Bomb, poison)
2) with the intent to touch (NOT intent to inflict injury, simply intent to do the act)
3) in a manner offensive to a reasonable person (harm & sexual)
- DON’T HAVE TO PROVE INJURY
Tort of Battery: Facet 2
1) consent (ex: sports, have to prove, reasonable person in position of Δ would have assumed the π consented to the touching)
2) medical consent (informed of procedures & risks in advance, exception: emergency, must be imminent)
3) self defense (Δ must prove that they had first a reasonable apprehension of imminent bodily harm & used a reasonable counterforce to avert that harm)
4) privilege of arrest (police, can’t arrest w/o touching so not considered battery, must be a legal arrest, if illegal then battery)
5) SoL = 2 years, clock starts at time of assault, exception: criminal cases (murder & rape)
6) res judicata (a matter that has been adjudicated by a competent court and may not be pursued further by the same parties, DJ)
Tort of Battery: Facet 3
CPE
crime of battery v tort of battery
facet 1: have to prove the same elements
facet 2: same exceptions, but NO insanity in tort
facet 3: incarceration (prison)
- crime = specific type of action broken down (rape, manslaughter, etc)
- tort = all battery, all about touching, not specific
