Torts I

Question 0

Objectives/Purposes of the Tort System?

Answer 0

A) deter wrongful conduct
B) encourage socially responsible behavior
C) return parties to “rightful position”
D) underlying considerations of insurance

Question 1

What is a TORT?

Answer 1

A civil wrong, other than a breach of contract, for which the law provides a remedy

Question 2

What are the Seven Torts?

Answer 2

1. Battery
2. Assault
3. False Imprisonment
4. IIED
5. Trespass to Land
6. Trespass to Property/Chattel
7. Conversion

Question 3

Spectrum of Tort Liability

Answer 3

Intentional/gross negligence /negligence /strict liability

Question 4

The notion of Intent

Answer 4

Defendant desires a certain result or is substantially certain that the result will occur. ( Garrat v. Dailey)

Question 5

Intent Notes

Answer 5

• Showing Malice is not Required
• Mistake will not negate intent or liability (Ranson dog/wolf)
• Insane people are liable for their intestinal torts
• Transferred Intent applies to all torts except IIED and Conversion

Question 6

What is the definition if ASSULT?

Answer 6

Assault is the willful attempt/threat to inflict injury upon the person of another when coupled with an apparent ability to do so, and any intentional display of force, that gives the victim reason to fear or except immediate bodily harm.

Question 7

Elements of a Assault

Answer 7

Intent
Threat/attempt
Apparent Ability
Immediate apprehension 
-must show p had ability to bring about offensive contact 
-the threat must be imminent

Question 8

What is the definition of a Battery?

Answer 8

Battery is the knowing or intentional touching of a person against his will in a rude or unconsented manner

Question 9

Elements of Battery?

Answer 9

Intent
Touching
Unconsented
- touching element can be filled by contact with items connected to the body (Fisher v. Carousel Hotel)

Question 10

What is the definition of False Imprisonment?

Answer 10

The direct restraint of one person of the physical liberty by another with it adequate legal justification.

Question 11

Elements of False Imprisonment….

Answer 11

Intent

Confinement

Question 12

What constitutes confinement (false imprisonment)?

Answer 12

Physical Barriers
Physical Force
Threats of Physical Force
Other Duress

Question 13

Types of Damages

Answer 13

Most basic intentional torts do not require proof of actual damages, however negligence torts DO require proof of damages.
A.) Nominal Damages: trivial sum, acknowledging the wrong committed
B.) Compensatory Damages: compensation including past/future medical expenses, lost wages and pain/suffering
C.) Punitive Damages: punishment for the Defendants wrong doing

Question 14

What constitutes intent v. Negligence?

Answer 14

“The distinction between intent and negligence boils down to a matter of degree.”

Question 15

Primary Authorities ? Secondary Authorites (not binding but persuasive)?

Answer 15

Primary: 1.Constitution 2.Statues 3.Higher Court with jurisdiction

Secondary: Common law in another jx and restatements

Question 16

Elements of Intentional Infliction of Emotional Distress:

Answer 16

Intent
Outrageous Conduct
Suffering

Question 16

Define Trespass to Chattel:

Answer 16

When one person intentionally interferes or intermeddles another person’s possession

Question 17

Trespass to Chattels elements :

Answer 17

Intent
Harm to Chattel (some degree of harm is required)

–damages awarded are for reduced value of item—

Question 19

Define Trespass to Land

Answer 19

Every unauthorized entry on to the land of another is trespass.

Question 20

Elements of Trespass to Land:

Answer 20

Intent

Entry on the land (direct or indirect

Question 22

Elements of Conversion

Answer 22

Intent
Destruction or Long Term interference

—Damages awarded are for fair market value of the item, plus any incidental damages—

Question 24

Define Conversion

Answer 24

Conversion is the intentional exercise of control or dominion over a chattel that interferes with another’s right to control it with sufficient severity that the party exercising such control may fairly be required to pay for its full value.

Question 26

Define Conversion

Answer 26

Conversion is an intentional except code of dominion or control over a chattel which is so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.