Torts Midterm

Question 1

Battery

Answer 1

The intentional interference of one person to another that causes harm
A person is liable for battery if he acts with intent to cause harmful or offensive contact to intended person or third person, and a harmful or offensive contact results.

Question 2

What are the elements of battery?

Answer 2

Act - voluntary movement/external manifestation of will
intent - purpose or desire or knowledge of substantial certainty that result will arise
result - directly or indirectly results in harmful or offensive contact

Question 3

Assault

Answer 3

The intentional interference of one person to another that causes an imminent apprehension of harmful or offensive contact
A person is liable for assault if he acts with intent to cause an imminent apprehension of harmful or offensive contact to intended person or third person, and a imminent apprehension results.

Question 4

Battery - Contact

Answer 4

contact is harmful if it causes physical detriment or alteration to body or something that is closely associated with the body
contact can occur with matter participles (i.e. smoke).

Question 5

Battery Policy

Answer 5

everyone has a right to bodily autonomy - free from interference of other

Question 6

Policy Reasons

Answer 6

Discourage private vengeance
Set standards
Compensate P for losses
Distribute economic burden
Deter wrongful behavior
Punish wrongdoers

Question 7

Assault Policy

Answer 7

Every person has right to feel secure

Question 8

What are the elements of assault?

Answer 8

Act - over conduct is necessary, words alone is not enough/voluntary movement/external manifestation of will
intent - purpose or desire or knowledge with substantial certainty that an imminent apprehension will occur
result - an imminent apprehension is put on the intended person or third person

Question 9

Trespass to real property

Answer 9

Unauthorized entering, remaining or putting object on someone’s land.
No moral culpability
pretty much strict liability

Question 10

Elements of Trespass to Real Property

Answer 10

Act - without authorization: enter’s P’s land or remains on P’s land or put an object on P’s land
intent - to enter ,remain, or put an object on P’s land
Result - unauthorized entering, remaining, or putting object on P’s land
irrespecftive of whether he causes harm to any legally protected interest of hte other

Question 11

Trespass to real property policy

Answer 11

every person has a right to exclude others from his or her property
does not require harm
even in an emergency

Question 12

Trespass to chattel

Answer 12

A person interferes with another’s chattel resulting in dispossession, impairment, deprivation for a substantial time, or harm,
A person is liable for trespass to chattel if they dispossess, use or intermeddle with the chattel for a substantial time or harm or dispossess, use, or harm to a legally protected interest
May be actionable even though the chattel’s physical condition is not impaired when the act occurs

Question 13

Trespass to chattel/conversion Dispossess

Answer 13

Take out of P’s possession

Question 14

Trespass to chattel conversion use

Answer 14

deprive of for a substantial period of time

Question 15

intermeddle

Answer 15

intentionally damage

Question 16

Conversion

Answer 16

When a person exercises dominion or control over P’s chattel that so seriously interferes with P’s right to control it that the actor may be required to pay the full value of chattel

Question 17

Elements of Conversion

Answer 17

Act: dominion or control over chattel
Intent: to exercise dominion or control over P’s chattel that so seriously interferes with P’s right to control it that the actor may be required to pay the full value of cahttel
result: serious interference

Question 18

Trespass to chattel/conversion policy

Answer 18

every person has a right to dominion and control over his or her possessions (tangible and moveable objects)

Question 19

False Imprisonment

Answer 19

an intentional act or omission that confines or restrains a person to a bounded area and causes harm

Question 20

elements of false imprisonment

Answer 20

Act: of confining another within a bounded area fixed by the actor
intent: purpose or desire to confine another within a bounded area and it has to actually be confined
result: not just confining, but have to be aware that you have been confine and/or be harmed by confinement

Question 21

policy for false imprisonment

Answer 21

every person has a right to liberty of movement

Question 22

methods of confinment

Answer 22

Physical barriers
Force
Threat of force (on person, family or property)
Omission
False arrest

Question 23

bounded area

Answer 23

a place that restricts the π’s movement in all directions and has no reasonable means of escape

Question 24

Restraint for false imprisonment

Answer 24

no reasonable means of escape
can be non-violent
must be an immediate threat

Question 25

shopkeeper's privilege

Answer 25

if reasonable belief that P has stolen something, D may detain in reasonable manner, for reasonable amount of time

Question 26

Privileges

Answer 26

Consent (express or implied) self defense defense of property necessity

Question 27

Privilege of Self defense Elements

Answer 27

Proportionate force only (deadly v non-deadly) to prevent imminent attack subjective belief and objectively reasonable fear of harm unprovoked no duty to retreat (restatement private castle privilege for deadly force - should try to retreat unless in dwelling, unless it's both people's dwelling

Question 28

the privilege of defense of other (derivative)

Answer 28

the privilege to use force to defend a third person onl exists when the person being defended is privileged to use force if you are mistaken about it, then no privilege

Question 29

the privilege of defense of others (independent)

Answer 29

the privilege to use force to defend a third person exists independently from the person being defended if there is a mistake, still privilege, but must be objectively and subjectively reasonably

Question 30

Defense of property

Answer 30

An actor is privileged to use force, not intended or likely to cause death or serious bodily harm, to prevent intrusion upon the actor's land or chattels, if intrusion is not privileged actor reasonably believes that the intrusion can be prevented or terminated by such force actor first requested the other to desist and the other disregarded or actor believes that request will be useless or substantial harm will be done before it can be made

Question 31

Elements for privilege to use non-deadly force of one's property

Answer 31

force used is not likely to cause serious injury defendant had a reasonable belief force was necessary plaintiff disregarded request to leave mechanical devices not allowed - only when actor would be privileged to do so were he present

Question 32

IIED Elements

Answer 32

Act: Extreme and outrageous conduct intent: purpose or desire or knowledge of substantial harm or recklessly cause severe emotional distress result: severe emotional distress

Question 33

IIED Policy

Answer 33

right to be free from intentional invasion of emotional tranquility

Question 34

Defense of consent

Answer 34

implied or expressed implied - can be informed consent too

Question 35

invalidate consent as a defense

Answer 35

beyond scope (medical treatment - if it's beyond what you expressly consented, then it is beyond scope) fraud/duress incapacity illegal/crime