Torts

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Brummer spring 2010

Battery - Harmful Contact

An actor is subject to liability to another for battery if: (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (b) a harmful contact with the person of the other directly or indirectly results

Battery - Offensive Contact

(1) An actor is subject to liability to another for battery if: (a) he acts intending to cause a harmful or offensive contact with the person of the other or third person, or an imminent apprehension of such a contact, and (b) the offensive contact with the person of the other directly or indirectly results. (2) An act which is not done with the intention stated in Subsection 1, a does not make the actor liable to the other for a mere offensive contact with the other's person although the act involves an unreasonable risk of inflicting it and, therefore, would be negligent or reckless if the risk threatened bodily harm

tort

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

policy for tort law generally

(1) Deterrence (2) Compensating victims (3) Punishing wrongdoers (4) Maintaining peace (5) Promoting good behavior (6) Promoting good behavior (7) Protecting individual rights

strict liability

certain activities based upon their inherently dangerous character justify the defendant bearing the loss rather than the plaintiff, even in the absence or intention or negligence

intent

acting for the purpose of affecting P's interest or knowing that the consequences are substantially certain to follow D's acts

transferred intent

intent can transfer person to person or tort to tort

assault

intent to cause a harmful or offensive contact or the imminent apprehension of such contact with the result of causing an imminent apprehension of a harmful or offensive contact

false imprisonment

The direct restraint of one person of the physical liberty of another without adequate legal justification - protects freedom of movement

intentional infliction of emotional distress/outrage

(1) intentional or reckless conduct (2) extreme or outrageous conduct (3) conducted is connected to distress (4) severe distress

trespass to land

the intentional interference with another's possessory interest in land

trespass to chattel

one who without consent or other privilege to do so, uses or intentionally intermeddles with a chattel which is in possession of another is liale for trespass to such if : (1) the chattel is impaired as to its condition, quality, or value OR (2) it is taken for a substantial period of time OR (3) bodily harm is thereby caused to the possessor r harm is caused to other persons or things in which the possessor has a legally protected interest in

Conversion

an intentional exercise of dominion and control over a chattel which 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

consent

defense that P expressly or impliedly permitted to tort commission

self-defense

defense allowing D tortuous conduct to protect him from a threatened battery (or other intentional tort) on the part of another

defense of others

defense to tortuous conduct which is done for the purpose of protecting a third party

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