Torts Flashcards
(50 cards)
Battery
- Volitional Act by D that causes harmful or offensive contact to a P’s person
- Intent to cause the harmful offensive contact
- Causation
Offensive == unpermitted
Person == anything one carries
contact includes delayed contact (e.g., poisoned sandwich)
Intentional Torts
Act
Intent
Causation
Assault
Act by D with intent to cause reasonable apprehension of imminent harmful or offensive contact with the person
Victim’s fear not required, apparent ability to cause the contact is sufficient, and mere words not enough but words can negate the effect
Knowledge of act is required for the victim
False imprisonment
Act /Omission by D causing unlawful confinement of P
in a bounded area
Barriers can be physical or indirect. threatened
Awareness of or harm from confinement required
Intentional lInfliction of Emotional Distress
Act by D
amounting to extreme and outrageous conduct beyond bounds of civility
with intent to cause extreme distress (recklessness is sufficient)
and P did suffer extreme distress
Extreme Outrageous : Even otherwise normal conduct can become extreme if
- continuous,
- by common carriers/innkeeprers
- directed towards children, elderly, pregnant women, adults with known supersensitivities
Damages needed ( not necessarily proof of physical injuries though)
Trespass to Land
D’s act of physical invasion of P’s land
- even if D unaware it was P’s land : as long as act was deliberate sufficient
- invasion by something tangible (sound/light not sufficient)
No need for harm
Land includes air above and soil below - including PASS THROUGH invasion (ball throw across backyard air space)
Trespass to Chattels
Intentional interference by D
with P’s possessor interest in persona property
warranting damages
Conversion
So serious a trespass to the chattel that compensation at its full market value is warranted
Affirmative Defenses:
Consent
Protective Privileges
Necessity
Consent Defense
Needs to be VALID
All 7 intentional Torts (sliding scale for age/intellectual incapacity)
Act needs to be within SCOPE of consent
- written/oral express (except fraud , duress)
- implied - by social custom or usage
- body language ( reasonable interpretation of ind obj conduct and surrounding circumstances e.g., handshake where offered)
Protective Privilege Defense
Self-Defense:
Should be responding to threat from P,
- threat must be imminent (heat of moment) and response timed right
- D must have reasonable belief that the threat is genuine
Reasonable mistake of fact : still defense not negated
Defense has to be proportional to the threatened force
Defense of Others:
Defense of Property
Necessity Defense
Public Necessity : Absolute Defense
- unfolding emergency and D’s property tort was to save community
- no need to compensate for any damages incurred
Private necessity: Qualified Defense
- emergency and iD’s tort was only to protect his own property
- need to compensate for tort wrong/damages incurred or for entering
D who comes in privilege of necessity can state as long as the emergency continues and P who kicks him out his liable for D’s harm once kicked out
Negligence
Duty to conform to a specific std of care for protection of P against unreasonable risk of harm (Default Std of care : That adopted by a reasonable prudent person - regardless of mental /experience deficiencies)
Breach of the duty by D
Causation : Actual : But for causation
Causation Proximate : Foreseeability
Damages: Actual
Conversion
The interference with P’s possessory interest is so serious as to warrant a compensation by D to P of the full market value of the tangible personal property
Negligence Std of Care: Children
Std of a hypothetical child of like age, intelligence, and experience acting under similar circumstances
VA: <7 - no duty
7-14 rebuttable presumption of no duty with increasing reputability with closer age to 14
Negligence Std of Care: Professionals
Skill and knowledge commensurate with the national average professional of same profession or occupation in good standing
Need to conform to customary practices in the field of profession
Negligence Std of Care to Entrants on property : Premises Liability
Trespassers
- Unknown Trespassers : No Duty
- Known Trespassers: Duty to remove/repair/warn about
artificial, concealed, highly-dangerous conditions known to D (man-made death traps, no need to inspect)
Licensees (come in for their own benefit)
Duty to remove/repair/warn about concealed and dangerous conditions known to D (all known traps, no need to inspect)
Invitees (common for D’s benefit)
Duty to remove/repair/warn about all dangerous conditions known and knowable to D after reasonable inspection (all knowable traps, D must inspect)
Trespassing Children - Attractive Nuisance
D’s duty to remove/repair a reasonably foreseeable risk of harm to children caused by dangerous, artificial condition on property (known death trap)
No Attractive Nuisance doctrine in VA but just that a higher std of care when children are concerned
Lessor - Lessee Duties
Lessee (tenant) : duty to maintain premises
Lessor (Landlord) : duty to warn of knowable existing defects/dangerous conditions with reasonable inspection
If lessor volunteers to repair - liable for damages if negligent
Negligence Std of Care: Statutory - Negligence Per se
Criminal penalties for D if
- P is within protected class per statute and
- statute designed to prevent the type of harm that P suffered
Negligence Std of Care: Defenses - Negligence Per se
(1) compliance would cause even more harm than violation of statute
(2) Compliance was beyond D’s control
Negligence Std of Care owed by Bailee
(1) If Bailment for sole benefit of the bailor - a low standard of care;
(2) If Bailment for sole benefit of the the bailee - a high standard of care; and
(3) for a mutual benefit bailment (typically a bailment for hire), there is the ordinary care standard.
Rescuer Duty of Care
No affirmative duty to rescue
BUT once attempted
Ordinary std of care
Negligence Std of Care owed by Bailor
(1) For a sole benefit of the bailee bailment, the bailor must inform the bailee of known, dangerous defects in the chattel.
(2) For a bailment for hire, the bailor must inform the bailee of chattel defects of which they are or should be aware.
