MBE Torts

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Clavo
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117154
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MBE Torts
Updated:
2011-11-15 22:15:04
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February 2012 California Bar Exam Study Flashcards
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February 2012 California Bar Exam Study Flashcards
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  1. What kind of torts are there?
    • There are 6 types of torts.
    • 1. Intentional torts Against the Person;
    • 2. Intentional torts Against Property;
    • 3. Harm to Economic and Dignitary Interests
    • 4. Negilence
    • 5. Strict Liability
    • 6. Products Liability
  2. What generally constitutes a Prima Facie case for an Intentional tort?
    • 1. An Act by the Δ;
    • 2. Intent;
    • 3. Causation.
  3. What characteristics must the Act posses and what are some examples?
    • The Act must involve a Volitional Movement.
    • i. If Δ tripped and while falling reached out to grab a pole and struck π, even though reflexive, it was a movement dictated by the mind and volitional.
    • ii. If Δ suffered an epileptic attack, and she struck π, it was not volitional.
    • iii. If Δ pushed X into π, it was a movement dictated by the mind and volitional.
  4. What kind of Intent is required for an intentional tort and describe each type?
    • The requisite intent for an intentional tort is Specific or General Intent.
    • a. Specific intent- where the actor intends the consequences of his conduct and his goal in acting is to bring about those consequences.
    • b. General intent- where the actor knows with substantial certainty that the consequences will occur. For example, Δ child pulls chair from under π as she is sitting. Even if Δ child did desire for π to fall and hit the ground, if Δ child knew with substantial certainty that π was trying to sit and would hit the ground, Δ child would have the requisite intent.[Garratt v. Darby, 279 P.2d 1091 (Wash. 1955)]
  5. Must the actor intend the injury?
    No. The actor does not need to intend the injury, only to bring about the consequences that are the basis of the tort.

    For example, Δ intends to push π and does so. π falls and breaks his neck. This is a battery. The consequences that are the basis of tort are the harmful or offensive contact to π. Δ intended to bring about the harmful or offensive contact to π; thus, Δ will be liable even if he did not intend to break π's neck.
  6. What is Transferred Intent? When does Transferred Intent apply? And, what are some examples of it?
    • Transferred Intent applies where Δ intends to commit a tort against one person but instead (i) commits a different tort or (ii) commits a tort on a different person. Therefore, Transferred Intent is when the intent to commit a tort against one person is transferred to the other tort or the other person.
    • For example, Δ swings his arm at X, intending to only frighten him. But, Δ’s arm hits π. Δ’s intent to commit an assault on X is transferred to Δ’s battery on π.
    • In another example, Δ swings his arm at π, intending to only frighten him. But, Δ’s arm hits π. Δ’s intent to commit an assault is transferred to a battery.
  7. What are some of the limitation of Transferred Intent?
    • Transferred Intent only applies when the intended tort and the actual tort are both among the torts which follow:
    • a. Battery;
    • b. Assault;
    • c. False Imprisonment;
    • d. Trespass to Land; or
    • e. Trespass to Chattels
  8. What type of Causation is required?
    The π must prove that the Δ's actions were the legal cause of the consequences or that the Δ's conduct was a substantial factor in bringing about the consequences.
  9. What are the 7 Intentional Torts?
    • The 7 Intentional Torts are:
    • 1. Battery
    • 2. Assault
    • 3. False Imprisonment
    • 4. Trespass to Land
    • 5. Trespass to Chattels
    • 6. Conversion
    • 7. Intentional Infliction of Emotional Distress
  10. Which 4 torts are considered Intentional Torts to the Person?
    • The 4 torts considered Intentional Torts to the Person are:
    • 1. Battery
    • 2. Assault
    • 3. False Imprisonment
    • 4. Intentional Infliction of Emotional Distress
  11. What are the Elements of Battery?
  12. Which 3 torts are considered Intentional Torts to Property?
    • The 3 torts considered Intentional Torts to Property are:
    • 1. Trespass to Land
    • 2. Trespass to Chattels
    • 3. Conversion
  13. Which 5 torts are considered Harm to Economic and Digitary Interests?
    • The 5 torts considered Harm to Economic and Digitary Interests are:
    • 1. Defamation
    • 2. Invasion of Right to Privacy
    • 3. Misrepresentation
    • 4. Interference with Business Relations
    • 5. Wrongful Institution of Legal Proceedings
  14. What are the 3 other types of torts not considered Intentional Tort to the Person, Intentional Tort to Property, or Harm to Economic and Digitary Interests?
    • The 3 other types of torts not considered Intentional Torts to the Person, Intentional Torts to Property, or Harm to Economic and Digitary Interests are:
    • 1. Negligence
    • 2. Strict Liability
    • 3. Products Liability

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