Shared Flashcard Set

Details

Torts Flashcards
Torts
10
Law
Post-Graduate
01/14/2013

Additional Law Flashcards

 


 

Cards

Term
Battery
Definition
Intentional contact that results in harm or is offensive
Term
Vosburg v. Putney
Definition
  • Kid lightly kicked another child in the leg.  
  • He had microbes that were "excited" by the kick.  
  • His leg subsequently fell off.  
  • The kicker did not intend to cause bodily harm.
  • Liable because in the classroom rather than on the playground
  • Since there was an offensive contact, he is liable.
Term
Offensive Contact
Definition
  • Offensive if it would offend a reasonable persons sense of personal dignity
Term
Assault
Definition
  • Intent to commit battery
  • Does not require contact
Term
White v. University of Idaho
Definition
  • Deals with battery
  • Touches contours of respondeat superior
    • Can't sue for intentional torts of employees
  • Any reasonable person would not have found the contact offensive…it is not up to the student to dictate what should happen during a piano lesson, that is up to the piano instructor. 
  • If she had a problem, she should have said something….then if he did it, she could have action for battery
  • Most states say you only need intent to contact
  • To prove offensive contact, might need to know about the customs of the situation
    • The playground example from Vosburg is instructive
  • Offensive can be proved in one of two ways:
    • Implied license
      • Normally expected, but can be opted out of
Term
Implied License
Definition
  • Implied agreement that arises from the proximate situation that limits the liability of an individual for tortious acts
Term
Wagner v. Utah
Definition
  • Only need contact, but not intent to harm.
  • Mental state of individual not limiting
Term
White v. Muniz
Definition
  • Need both intent to contact and intent to cause harm
Term
Transferred Intent
Definition
  • Just because you hit the wrong person, it doesn't mean you didn't intend to cause harm.
  • You intended to harm someone, just maybe not the person you did.
Supporting users have an ad free experience!