torts

Question 1

do torts req specific intent

Answer 1

no, just intent to bring about the forbidden consequence (ie unintended victim is still bad)

Question 2

transferred intent

Answer 2

commit different tort against intended victim

commit same tort against unintended victim OR commit different tort against unintended victim

Question 3

torts for transferred intent

Answer 3

assault
battery
false imprisonment
trespass to land
trespass to chattel

Question 4

is incapacity a defense to intentional torts

Answer 4

no, bc just general intent

Question 5

battery

Answer 5

harmful or offensive touching

contact to the P person

Question 6

harmful or offensive touching

Answer 6

offensive by reasonable person

Question 7

does a trap count as battery

Answer 7

yes, indirect harmful touching

Question 8

assault

Answer 8

act by D causes reasonable (not exaggerated) apprehsneion

of an imminent battery (imminent)

Question 9

apprehension for assault req…

Answer 9

awareness of the D act, specifically the D act, but does not need to know the D id

Question 10

can words negate apprehension for assault

Answer 10

yes

Question 11

false imprisonment

Answer 11

act that confines the P

P is confined to a bounded area

Question 12

do threats work as false imprisonment

Answer 12

yes, direct AND implied

Question 13

is time of confinement relevant for false imprisonment

Answer 13

NO

Question 14

what is a bounded area

Answer 14

are with no reasonable means of escape KNOWN to the P (if area was escape but was hidden from P, then still FI)

Question 15

intentional infliction of emotional distress

Answer 15

extreme and outrageuous conduct by D that causes

severe emotional distress to P

Question 16

types of extreme and outrageous conduct for IIED

Answer 16

continuous
any gross conduct by innkeeper or common carrier
any gross conduct directed toward kids, old ppl. pregnant woman, supersensitive adults if known by D

Question 17

intentionallity needed for IIED

Answer 17

recklessness

Question 18

trespass to land

Answer 18

physical invasion

of P real property

Question 19

physical invasion

Answer 19

tangible object

Question 20

real property for trespass

Answer 20

reasonable distance of airspace and underground

Question 21

trespasss to chattel

Answer 21

act by D
interferes w P right of possession in a chattel

interference: damage or dispossession
intent: to interfere, not trespass

Question 22

conversion

Answer 22

act by D that interferes with P right of possession of chattel
serious enough to warrant full repayment

Question 23

acts of conversion

Answer 23

theft, wrongful transfer, wrongful detention, severely messing with chattel

Question 24

trespass to chattel vs conversion

Answer 24

less serious vs more serious

Question 25

defense to intentional tort: consent

Answer 25

valid consent? | D stay within bounds of consent?

Question 26

what undoes consent

Answer 26

mistake if known by D fraud to obtain consent duress to obtain consent

Question 27

implied consent

Answer 27

reasonable person custom and usage OR P conduct think sports, normal contact, incidental contact

Question 28

self defense

Answer 28

if person reasonably believe they are about to be attacked no duty to retreat IF met with non-deadly force if deadly force, retreat unless home not available to first aggressor UNLESS met with deadly force upon first aggression

Question 29

mistake allowed for self defense

Answer 29

yes, as to the existence of danger

Question 30

defense of others

Answer 30

when reasonably believe other person could have used force themselves mistake permitted

Question 31

defense of property

Answer 31

only non-deadly reasonable force to PREVENT commission of a tort agaisnt property MUST make a cease and desist declaration FIRST unless futile doesn't apply if tort already committed can use force in hot pursuit of a recent tort if D is fleeing

Question 32

shoplifting detention

Answer 32

reasonable belief of theft reasonable manner of detention (nondeadly force) reasonable period of time

Question 33

recapture of chattel

Answer 33

(anyone) can use reasoanble force to recapture chattel if wronfully taken and in hot pursuit of taker

Question 34

duty

Answer 34

who do I owe a duty | what is the standard of care

Question 35

duty of care owed to....

Answer 35

foreseeable P

Question 36

rescuers (except firefighter and police)

Answer 36

foreseeable P IF D NEGLIGENTLY put themselves or another in peril

Question 37

standard of care

Answer 37

reasonably prudent person d mental deficiencies not taken into account, but superior knowledge is it is the floor

Question 38

special standard of care

Answer 38

kids (like age, intelligence, experience) professional (average member of pro) possessors of land (duty to warn of dangerous conditions)

Question 39

possessors of land standard of care to others on their land

Answer 39

unknown trespasser: no duty known trespasser: warn of conditions that are artificial OR highly dangerous OR concealed OR known to owner licensee (soical guests, others on prperty for their own interest): duty to warn of concealed OR known danger invitees (held open to public, LOSE invitee status if exceed scope of invitation): concealed OR known or could have been discovered by reasonable investigation

Question 40

trespassing kids for standard of care

Answer 40

avoid risk of harm cuased by foreseeable artificial condtions - dangerouns condition the owner should know of - owner knows kids may trespass - condition will likely injure) - expense of remedy is slight compared to risk

Question 41

recreational land user

Answer 41

no laiblity unless owner willful and malicious didn't fix

Question 42

statutory standards of care

Answer 42

``` must show P is in class statute inteneded to prevent harm D caused ```

Question 43

affirmative duty to act

Answer 43

rule: no duty to act exception: D caused peril - special relationship (parent, shopkeep, innkeep, common carrier) - undertook action

Question 44

res ipsa loquitor

Answer 44

a negligent event couldnt of happened without D conduct -prevents D from a directed verdict must show - the above negligence AND - that neg is probably attributable to the D

Question 45

causation: when unable to determine who caused harm

Answer 45

then both responsible equally and severably

Question 46

do P have duty to mitigate in negliegence

Answer 46

yes

Question 47

is assumption of risk a D to tort

Answer 47

yes for unintentional tort, if P knew risk voluntarily assumed

Question 48

strict liablity

Answer 48

wild animals abnormally dangerous -includes harm by fleeing

Question 49

product laiblity

Answer 49

``` intent neg implied warrany representation strict laibilt ```

Question 50

strict liabilty in tort

Answer 50

commercial vendor defective product not substantially altered after D control foreseeable use

Question 51

private nuisance

Answer 51

substatntial AND unreasoanble intereferene substantial: objective meauser unreasonable: severity of inunry must outweigh utility of D conduct

Question 52

defamation

Answer 52

``` statement ids the P published to a third party damage to reputation falsity of language fault of D ```

Question 53

publciation req

Answer 53

only needs to be communicated to a third party taht understands it

Question 54

per se slander

Answer 54

adverse affect on business/profession serious crime seriosu sexual misconduct loathsome disease

Question 55

defense to defamation

Answer 55

``` truth conesent privilege -bw spouse during jud hearing ```

Question 56

invasion of right to privacy

Answer 56

appropriation of p name intrusion on p affairs publication of p in false light public disclsoure of private facts

Question 57

misrepresentation

Answer 57

``` misrep scienter (knew it was false) intent to induce act induced act (casuation) inducement was justified damage to P ```