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Details Title: TORTS Description: Torts Total Flash Cards: 32 Created: 06/16/2005 10:36:40	To study from this set of flash cards, or to create your own your own study flash cards, register HERE. If you are already a registered user, CLICK HERE.
Cards Term Torts covered by Transfer of Intent Definition Assault, Battery, False Imprisonment, Trespass/Chattels, Trespass/Land Term Battery Definition Definition Intentional infliction of harmful or offensive touching. Term Battery Elements Definition Affirmative Act - voluntary Intent - certain touching will occur Touching - w/body or any object Causation - D must set in motion the touch Lack of Consent Term Assault Defined Definition Intentional causing of the apprehension of imminent harmful or offensive touching. Term Assault Elements Definition Voluntary overt act - words not enough Intent Immiment Apprehension - P must be aware and apprehension be reasonable Causation - P must prove D's act Lack of Consent Term False Imprisonment Defined Definition Direct and intentional restraint on the physical liberty through mental or physical boundaries w/o adequate legal justification. Term False Imprisonment Elements Definition Affirmative Act Intent - certain that act will cause confinement Limited Space - D must confine P to defined boundaries Awareness - P must be aware No reasonable means of escape Held against free will Term Intentional Infliction of Emotional Distress Defined Definition Intentional or reckless infliction of severe mental distress through extreme and outrageous conduct Term Intentional Infliction of Emotional Distress Elements Definition Extreme and outrageous conduct - subject to reasonable man theory, higher standard for innkeepers and common carriers. Those w/sensativities (elderly, pregnant women, children, crazy have lower level of conduct requirement) Intent Causation Emotional Distress must be severe Term Trespass to Land Defined Definition Intentional entry upon the land of another w/o permission. Term Trespass to Land Elements Definition Voluntary Act Intent Physical Invasion Possession Unauthorized Entry Term Trespass to Chattel Defined Definition Intentional interference w/owner's use or possession of chattel. Term Trespass to Chattel Elements Definition Act Intent Possession Damages Term Conversion Defined Definition substantial interference w/, or control over one's interest in chattel. More permanent than trepass. Stealing, using, not returning, selling, obtaining from thief. Term Conversion Elements Definition Intent Damages - actual damages not required Term Defenses/Priviledges to Torts Definition Consent Self-Defense - reasonable force Defense of Others - reasonable Defense of Property - reasonable, deady if people are thretened Recovery of Chattel - reasonable - not deadly Necessity - actions to avert public disaster Authority of Law - P breaking law; citizens arrest Discipline - parent, teacher, military OK Justification - prevent damage to person or property. Term Negligence Elements Definition Duty - D owes P some kind of duty Breach - failure to abide by reasonable standard of care Causation - direct relation btn breach and injuries Damages - actual damages must be suffered. Term Cause in Fact Definition But For - single cause Substantial factor - multiple cause Term Proximate Cause Definition Legal or policy considerations limiting scope of liability Term Hand Formula Definition Burden < Probability * Injury Risk of great injury may outweigh a low probability of occurance and result in liability Term Reasonableness Standard Definition Fail to conform, even if injury is highly unlikely, may be liable. Socially beneficial yet inherently dangerous instrument, must take reasonable precautions. Not liable for unknown risks Not liable if conducts conforms to standard of care followed by a reasonable person. Costs Term Utility of Actor's Conduct Definition Social value of the coduct Will this value be enhanced by the conduct Is there another,less dangerous course? Term Magnitude of Risk Definition Social value of the interests that are imperiled. Chance of the invasion of interest of another. Harm caused to the interests imperiled. Number of persons invaded. Term Standard of Care Definition Reasonable Person - circumstances, physical attributes, mental capacity. Professional - higher SOC Term Statutory Negligence Definition Injury results to a member of the class protected by statute and the harm is the kind the statute was designed to prevent. P must prove D violation directly and proximately caused damages. Term Res Ispa Loquiter Definition 1)Injury would not have occurred but for D's negligence. 2) D had control of what caused damage. 3) P not contrib. Expert witness not needed, does not apply if more than one cause, can be multiple Ds. Term Cause in Fact Definition P must prove the injury would not have occurred w/o D's negligent conduct. Term Concurrent Negligence Cases Definition Where separate acts of neg combine to produce an injury, each D is liable for the entire result even if each act alone may not have caused the result. If two events are independently sufficient to cause an injury, each is liable for the entire injury Term Proximate Cause Definition Natural unbroken sequence. Must determine if the injury naturally followed from D's actions. Term Unforeseeable Consequences Definition Only liable for odinary and natural results of his negligent conduct, not unforeseeable ones. Wagon Mounds May be liable for aggrevating P's preexisting illness. (Eggshell P). Only liable to the Ps in the "foreseeable zone of danger" - Palsgraf Term Intervening 3rd Party Causes Definition 3rd party act does not break the causal connection if the act is a foreseeable consequence of D's original negligent conduct. Not liable for 3rd party acts that are malicious, intentional and unforeseen. A host may be responsible for the acts of an intoxicated guest. D also liable for injury to rescuer when rescuer acted because of D's negligence. Term Rescue Doctrine Definition Allows injured rescuer to sue party which caused the danger. Rescuer does not "assume the risk" as in other hazardous activities. Must demonstrate 1)D was negligent to person rescued and neg. caused the peril to the person rescued 2)peril was imminent 3)a reasonable person would conclude that a peril exsisted 4)rescuer acted w/reasonable care in the resue. Rescuer must prove proximate cause.