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Tort Law
Intentional Torts
| Question | Answer |
|---|---|
| What are the 5 Intentional Torts? | Assault Battery IIED Trespass to Land Trespass to Chattels |
| What is General Intent? | General intent requires only intent as it "relates solely to the performance of the act in question". |
| What is Specific Intent? | Specific Intent involves "the performance of the actus reus, coupled w/an intent or purpose going beyond the mere performance of the act. Specific Intent means a Defendant intended to commit an act and wished for the consequences of what happened to oc |
| What is Constructive Intent? | Constructive Intent involves an act which is Willful & Wanton, resulting in injury to another. Therefore, the Defendant Constructively intended the harm. |
| What is Assault? | An assault refers to an attempt or threat of violence, not actual violence itself. This may surprise people. For instance, threatening someone with a knife without actually making contact with them could be considered an act of assault. Assault is in |
| What are the Elements of Assault? | Intent Apprehension of a Harmful Contact Causation |
| What is Battery? | Battery is un-consented physical contact with another person, or the person's personable item, attached to them; even where the contact is not violent but merely menacing or offensive. |
| What are the Elements of Battery? | The defendant acts, The defendant intends to cause contact with the victim, The defendant's contact with the victim is harmful or offensive, The defendant's contact causes the victim to suffer a contact, harmful or offensive. |
| What is the Infliction of Emotional Distress (IIED)? | The IIED occurs when one acts abominably or outrageously w/the intent to cause another to suffer severe ED, such as issuing the threat of future harm. |
| What is Trespass to Land? | Trespass to Land occurs when a person intentionally enters someone else's property without permission. |
| Is Mistakenly Entering Someone's Land Trespassing? | Yes, mistakenly entering someone's land is Trespassing. The only intent required for this claim, is the intent to enter the property. Even if your neighbors accidently cross from their property into your lot, they can be liable for trespass. |
| What is Trespass to Chattels? | Trespass to Chattels is the use of property w/o permission of the owner. Trespass to chattels can be easily confused w/the tort of conversion b/c they both deal w/wrongful interference of personal property. |
| What is Conversion? | Conversion is an Intentional Tort consisting of "taking with the intent of exercising over the chattel. This is an ownership inconsistent with the real owner's right of possession". |
| Is Tort a Strict Liability? | In both Tort & Criminal Law, Strict Liability exists when a D is liable for committing an action. The intent or mental state is irrelevant. |
| What are the Common Affirmative Defenses? | The Common Affirmative Defenses Include: A Plea of Insanity, Self-Defense, Mistake of Fact, Intoxicated, Running of the Statute of Limitations |
| What is Consent (O'Brien v. Cunard) ? | Consent is a privilege, an affirmative defense that may be available to you if you are being sued for an intentional tort. |
| What is Self-Defense? | Self-Defense is a Privilege; mainly covered in CL. Tort cases involve liability & are infreq. When they do arise, the CL is carried over & applied, w/o much variation. |
| What is the Defense of Others? | Defense of Others is the right of a person to protect a 3rd party with reasonable force against another person who is threatening to inflict force upon the 3rd party. The Defense of Others involves: 1. Nature of Privilege: A privilege similar to |
| What is Defense of Property? | Defense of Property is a justification defense that can be used in defending one's property from theft, destruction, or trespass where the defendant has a reasonable belief that the property is in immediate danger. Only reasonable non-deadly force can be |
| What is the Defense "Recovery of Property? | The Recovery of Property must be attempted while in fresh pursuit. Must be attempted with only reasonable force. Deadly force may never be used to Recover Property. Recovery of Property Requires: Nature of Privilege, Disposition of a Chattel, |
| How much force can be used to defend Property? | A person can use nondeadly force in defending his or her property from theft, destruction, or trespass where the defendant reasonably believes that the property is in immediate danger. However, no greater force than what is necessary can be used. |
| What is the Shop Keepers Privilege? | The Doctrine of Shopkeeper's Privilege states that a Shopkeeper Defendant who reasonably believes that the P has stolen or is attempting to steal something from the Defendant Shopkeeper may detain the plaintiff in a reasonable manner for a reasonable amou |
| What is the Defense of Necessity? | The Defense of Necessity applies when one commits a criminal act during an emergency situation in order to prevent a greater harm from happening. |
| What is the Defense of Legal Authority? | Arrest with a Warrant, Arrest without a Warrant, Even if an arrest is lawful, an officer may be subject to liability if he uses excessive force in the process of apprehending the suspect. Most of the cases focus on this issue. In the defense of public |
| What is the Defense of Authority? | In Defense of Authority, Parent and Child – Generally the privilege of parents to discipline their children, also covers those who are temporarily responsible for them. |
| What are some of the considerations relevant to the issues of justification? | Some of the Considerations Relevant to the Issues of Justification are: -Conduct -Protection of Public Property |
| According to the Rescue Doctrine... | If a Rescuer is injured, they are allowed to sue the party which caused the danger, requiring the rescue in the first place. |
Created by:
drgedwards
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