Term
| Torts covered by Transfer of Intent |
|
Definition
| Assault, Battery, False Imprisonment, Trespass/Chattels, Trespass/Land |
|
|
Term
|
Definition
| Intentional infliction of harmful or offensive touching. |
|
|
Term
|
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
|
Definition
| Intentional causing of the apprehension of imminent harmful or offensive touching. |
|
|
Term
|
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
|
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
|
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
|
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
|
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
|
Definition
But For - single cause
Substantial factor - multiple cause |
|
|
Term
|
Definition
| Legal or policy considerations limiting scope of liability |
|
|
Term
|
Definition
Burden < Probability * Injury
Risk of great injury may outweigh a low probability of occurance and result in liability |
|
|
Term
|
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
|
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
|
Definition
Reasonable Person - circumstances, physical attributes, mental capacity.
Professional - higher SOC |
|
|
Term
|
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
|
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
|
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
|
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
|
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. |
|
|
