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Torts 1/28 Lecture
Notes on Torts 1/28 Lecture
37
Law
Graduate
02/15/2014

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Cards

Term
Can the same incident consist a basis of action for both assualt and batter?
Definition
Yes, the same incident (the threat of the harmful action followed by the harmful/offensive touch- the completion of that action)
Term
Exceptions to false imprisonment
Definition

1) Probably cause

2) reasonably treated

3) reasonable amount of time.

Term
General Prima facie elemnts of Intentional Torts
Definition

1) Act

2) Intent

3) Caustion

 

The act must consist of a volitional movement on the Defendant's Part

Term
Affimative Defense to Intentional Torts (very general)
Definition
I may ve done it, but I had a legal reason to do it.
Term
Types of Inent
Definition

1) Specific inten (more difficult to prove)

2) genearl intent

3) transferred intent

Term
Battery (prima facie elements)
Definition

1) Act by the defendt of harmful contact with the plaintiff's person

2) Inent on part of defendant to bring about harmful or offesnie act (there is not necessarily an injury

3) casautional element

Term
Assault (Prima facie elements)
Definition

1) Act by the defendant creates reasonalbe apprehension on the part of the plaintiff

2) Intention on the Defendan'ts Part

3) Plaintiff's apprehension is legally caused by the defendant's act

Term
False Imprisonment (Prima facie elements)
Definition

1) Act or omission to act on the Def's part that confines or restrains the plaintiff to a bounded area

2) Intention on Defendnat's part to confine or bind.

3) Causation: Plaintis confinement is caused by the defendnat's act

 

Term
How much apprehension do you have to have for assault?
Definition
Apprheension must occur but could be as short as a split second to have assault
Term
What must the defendant intend to do to have assault
Definition
The defendnat must intend to cause the reasonable apprehension.
Term
Why should you raise claims for assault and battery at the same time?
Definition
You get one shot in court so you have to raise all possible claims at the same time.
Term
As a paralegal/attorney, what is it most important to keep in mind when presented with a situation?
Definition
When presented with a situation, keep in mind the prima facie elements
Term
How should you apply the law to a situation (with regards to intentional torts)?
Definition

1) Analyze key facts

2) determine potnetial elga claims

3) conduct a prima facie element test

4) Conduct cost benefit/analysis test

5) What are practical defenses

Term
What is a cost/benenfit analysis for intentional torts? (i.e. what questions to ask to perform)
Definition

Is it worth it to the client to spend the money to bring the claim if there are no actual damages?

 

And does the defendant have any money?

 

Will they get any money and is settling a better?

Term
From whom must the decision to settle come?
Definition
The decision to settle msut come from the client
Term

Is it easy to bring an action for Intentional Inflection of Emotional Distress?

 

Why or why not?

Definition

It is one of the most difficult actions to bring.

 

This is because judges have seen so much that they are jaded.

Term

Intentional Infliection of Emotional Distress:

 

Prima Facie Elements

Definition

1) An act by the defendnat that amounts to extreme and outrageous conduct (i.e. w/o extreme conduct that society would find outreagous, there is no IIED)

2)The itnent on the defendant's part to cause the plaintiff to suffer sever andemotional distress or a reckless disregard as to the effect of the defendnat's conduct.

3) Caustion

4) Damages- the severe emotional distress

Term

How severe must the emotional distress (i.e. damages) be in many jursidictions?

 

How bad must is be in the state of MD (as example)

Definition

Usually the olaint must undergo mental therapy in most states.

 

It Must be SUPER extreme

 

In the state of Maryland, the action of the defendant must cause immediate institutionalization for it to count.

Term
How extreme does the conduct have to be to be outrageous/exmamples
Definition

The Conduct mus trascend all bounds of common decency.

 

Examples include: the use of extreme methods of debt colllection

 

The misues of authority (i.e. bulying principal; policeman, etc.)

 

Special relationship situations

Term
Intentional Torts to Property (list of them)
Definition

1) Tresspass to land

2)Tresppas to chattals

3) Conversion

Term
Tresspass to Land (prima facie elements)
Definition

1) An act of physical invasion of the plaintiff's real property by the defendant

2) An intnet by the defeendant to bring about a physical invasion of the plaintiff's real property (no need to show that the defendnated wanted to harm the property)

3) Causation

Term
What is real property?
Definition
Real property is real estate
Term
To have trespass to land, does the defedant actually have to enter the land?
Definition

No, the defendant does not need to personally enter the land if the defendant does soemthing or sets something in motion that then trespasses to the land.

 

I.e. throwing a rock or watering your plans from my land may count.

Term

Does tresspass ahve to occur at the surface level of the land?

 

Example?

Definition

The tresspass may occur at below or above surface level of land

 

So a building hanging over a property line may count

Term
Casaution element in trespass to land
Definition
The invasiont must be set in motion by the defendant's actions
Term

Does transferred intent apply in trespass to land?

 

Do you have to have actual damages?

Definition
Trasnferred intent applies and there does not need to be any actual damages
Term
For Trespass to land, Does the plaintiff have to be aware of the invasion? Do they have to see it?
Definition
The invasion doesn't need to be seenwith the naked eye but the plaintiff should know about it.
Term
Can a trespass consist of only pollutants?
Definition
Yes, an invasion may consist of only pollutants
Term
Tresspass to Chattals (Prima Facie Elements)
Definition

1) Act by the defendant that interfers with the plaintiffs right of possesion to a chattal

2) Must show that the defendant's intent to perform the act bourght about the interferences with the plaintiffs right of possession.

3) Causation 

AND 

4) Damages

Term
What is a chattel?
Definition
A chattel is a thing
Term
Does trespass to chattels need to be consequential?
Definition
No, trespass to chattels is inconsequential.
Term
Are nominal damages required in Tresspass to Chattels?
Definition
Nominal damages are not required in trespass to chattels.
Term
Does transferred intent apply to the trespass of chattels?
Definition
Yes, transferred intent does apply.
Term
What is an example of trespass to chattels?
Definition
Borrowing soemthing without asking but gives it back but in the process damages it.
Term
Conversion (prima facie elements)
Definition

1) An act by the defendnt that interfers with a plaintifs right of possession that is so serious in nature or consequence that it warrants for the defendnt paying for the full value of the chattel.

2) Intent to perform the act that brings about interference with the plaintiff's right of possession.

3) causation

Term
Does conversion require a trespass to land?
Definition
No, conversion does not require a tresspass to land
Term
If liable for conversion, how much (i.e. the monetary amount) are you liable for?
Definition
In conversion you are held liable for the market value of the item at the time of conversion (i.e. for the deprecation)
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