16 terms

Torts

Brummer spring 2010
STUDY
PLAY
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