Torts Flashcards
(12 cards)
Q: In the plaintiff’s action on behalf of her child against the defendant for trespass, evidence was admitted that there was no doorbell at the outside door leading to the sun porch.
What will be the effect of this evidence?
It favors the defendant’s defense of implied consent.
A reasonable person would believe, based on ordinary custom and usage, that he had permission under these circumstances to enter the first set of doors to ring the bell. Therefore, the evidence favors the defense of implied consent
A woman playing tennis with a man became irritated because every time she prepared to serve, the man started talking loudly, despite her repeated requests that he stop. The woman ran towards the man, swinging her racket to scare him and to get him to stop. However, as she swung the racket, she slipped and it flew out of her hand as she lost her balance. It struck the man’s arm, which he had raised to protect himself. The woman slipped because the owner of the tennis court had not cleaned the court properly after some maintenance work.
Does the man have grounds for a battery action against the woman?
Yes → transferred intent
intent is sufficient for battery if contact occurs as the result of the woman’s actions.
Patient consents to one doctor’s treatment / surgery, then another one does it instead → is it battery?
Yes
Patient didn’t consent to other doctor performing surgery = offensive touching
Patient consents to treatment of one part of the body, doctor treats multiple parts → is it battery?
Yes
Patient didn’t consent to the extension of treatment.
It doesn’t matter that there was no harm / injury bc battery doesn’t require actual harm, only offensive touching.
During the winter, the manager of the local heating oil company agreed to provide heating oil in exchange for unlimited use of the woodworking tools, which he thought were owned by the woman. After several weeks of using the tools, the manager offered to purchase one of the tools, a lathe, from the woman for about half of what it was worth. The woman agreed and the manager took it home with him.
Is the manager liable for conversion?
Yes because conversion took place the moment the manager used the tools / bought the tools
There is _________ requirement that the converter intend to wrongfully deprive the owner of the property.
NO
The intent is simply the intent to exercise dominion / control over the chattel.
Where such intent and the requisite action are established, conversion occurs even if the defendant acted in good faith or under a reasonable mistake of fact or law.
A man and his friend became angry with a bartender who had refused to serve them any more drinks. The man said loudly to the bartender, “If you weren’t so ugly, I would break your skull.” While saying this, the man tapped the bartender on the hand.
This is battery but not assault because man’s words negated an assault by showing that the man DID NOT have any PRESENT intent to harm the bartender
Person A says something which scares Person B onto Person C’s land. Person C sues Person A for trespass.
Person A prevails, why?
Person A will prevail if he established that he didn’t intend to scare Person B for Person B to run onto C’s property.
Trespass = someone throwing a rock, physically trespassing yourself, OR chasing someone onto someone else’s land. ie YOU caused SOMETHING to go onto someone else’s land.
A [builds something over / drives boat over waterway on] B’s property unknowingly. B finds out later and sues A for trespass.
Person B prevails, why?
Mental state required for trespass is the intent to ENTER THE LAND, not intent to enter the land of A SPECIFIC PERSON.
Therefore, the A’s lack of knowledge regarding the ownership of the particular piece of land on which he entered is no defense
Person A in self-defense against Person B hits Person C instead.
Person C cannot recover from Person A, why?
Transferred intent doesn’t apply for self-defense! INTENT MATTERS! Person A had right to use force against Person B.
Person A didn’t intend on hitting Person C.
IIED vs NIED
Extreme: IIED → extreme and outrageous intentional conduct
Kanye → bystander IIED = PRESENCE
Rave: NIED → zone of danger / physical zone
