Torts Midterm

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Anonymous
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177757
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Torts Midterm
Updated:
2012-10-15 07:44:48
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Torts
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Mack
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  1. What is required for there to be conduct in an intentional tort?
    There must be volitional conduct - there must be a choice.
  2. What must you prove when it comes to conduct?
    You must prove the the conduct was intended - not the the resulting damages.
  3. Are words alone ever conduct?
    Generally no; sometimes, we can infer conduct from words and the surrounding circumstances. Also, assertion of legal authority is sufficient for conduct.
  4. Three ways to prove intent
    • Purpose
    • Knowledge to a substantial certainty that conduct would occur
    • Transferred intent
  5. Intent - Purpose
    It was the purpose of the actor to intend the conduct.
  6. Intent: Knowledge to a substantial certainty
    If it was not the purpose of the defendant to intend the conduct, if you can demonstrate that the actor knew or should have known to a susbtantial certainty that the conduct would occur, this will suffice.
  7. Transferred intent
    (1) When a forceable tort is intended and (2) a forceable tort occurs that is (3) direct and (4) immediate.
  8. The five forceable torts
    • Assault
    • Battery
    • False imprisonment
    • Trepsass to land
    • Trespass to chattel / conversion
  9. Does age negate intent?
    Generally no. However, courts have ruled as a matter of public policy that infants cannot form intent.
  10. Does mental illness / disability negate intent?
    No.
  11. Does a good, reasonable and honest mistake of fact negate intent?
    No. That's only in criminal law.
  12. Cause of action for a battery
    (1) Conduct (2) intended to cause and causing (3) a touching of a harmful or offensive nature (4) without consent (5) without privilege.
  13. What is the conduct required for battery?
    The touching, or apprehension of the touching. Any resulting damages are not required.
  14. How do you prove intent for battery?
    • Purpose
    • Knowledge to substantial certainty
    • Transferred intent
  15. Two types of touchings for a battery
    Direct and indirect
  16. What is an indirect touching?
    Where you conduct causes a touching but it is not by your own hand - throwing an object at someone or baking bread with rat poop inside.
  17. I didn't intend to touch the plaintiff - I only meant to scare him. That's not a battery.
    False - if you intend an assault, any resulting battery is also intended.
  18. Harmful touching is
    Usually easy to prove - there is an identifiable damage to the plaintiff to their person.
  19. Offensive touching is
    • Measured by a reasonable person test
    • Weighs whether a reasonable person would be offended vs. Customs or circumstances.
  20. Cause of action for assault
    (1) conduct (2) intended to cause and causing (3) reasonable apprehension of an imminent battery (4) without consent (5) without privilege
  21. What conduct must be intended for an assault
    The apprehension of a battery, or a touching.
  22. How can we prove intent for an assault?
    • Purpose
    • Knowledge to substantial certainty
    • Transferred intent

    You can use assault or battery
  23. Apprehension is
    • the awareness of conduct.
    • Measured by a reasonable person test - would a reasonable person be reasonably apprehensive of an imminent battery?
  24. Must apprehension be actually possible?
    No, it can be apparent - waiving an empty gun.
  25. If a battery is not imminent, what must a plaintiff do?
    Use self help.
  26. "If you weren't a torts professor, I'd slap you silly." Threat?
    Language can negate intent - if he's your torts professor, you're not going to hit him.
  27. Can negating language be negated?
    Circumstances can negate the negating language.
  28. Must apprehension be of your own action?
    No, you can be apprehensive of a threat that involves a third person or another object- for example, ordering a henchman to hit you, and the henchman moves to follow the order.
  29. Cause of action for false imprisonment
    (1) conduct (2) intended to cause and causing (3) confinement of another (4) without consent (5) without privilege.
  30. What is the conduct required for false imprisonment?
    The confinement
  31. What ways can we prove intent for false imprisonment?
    • Purpose
    • Knowledge to a substantial certainty
    • Transferred intent
  32. Many ways to confine another
    • Actual force
    • Threat of force to person
    • Threat of force to property
    • Threat of future force
    • Assertion of legal authority
    • Duty to release

    Moral pressure is not sufficient for false imprisonment.
  33. What is required for the confinement?
    • Awareness of confinement at the time
    • No reasonable means of escape
    • With a specified area
  34. What is the requirement of threat of force to property?
    It must be valued property.
  35. Important note with consent and false imprisonment
    Consent can be granted for a period of time, but when you fail to release at the specific time, consent will evaporate.
  36. Cause of action for trespass to land
    (1) conduct (2) intended to cause and causing (3) entry on the land of another (4) without consent (5) without privilege
  37. What conduct is intended for trespass to land?
    The entry on the land of another.
  38. What type of conduct is required for a trespass to land?
    Volitional conduct. There must be some sort of choice.
  39. What ways can you prove intent to trespass to land?
    • Purpose
    • Knowledge to substantial certainty
    • Transferred intent
  40. What things can trespass to land?
    Physical things - people and objects.
  41. What must you have in order to claim trespass to land?
    Exclusive right of possession to the land.
  42. Who has claim to exlusion right of possession?
    The possessor(s) and his family; it does not extend to any other individual.
  43. If you lease a property and have surrendered your exclusive possessory rights to a property, under what circumstance might you be able to sue for trespass to land?
    If the trespass to land has caused damages which will remain once the possessory right has reverted back to you at the conclusion of the lease, you have a cause of action.
  44. Two issues with consent
    • - Consent can be exceeded, as you may not have full reign of the use of property
    • - Consent can evaporate, as you can be asked to leave a property
  45. What damages are required to get damages from trespass to land?
    None - you can get nominal damages.
  46. What parts of property are you able to trespass on?
    The immediate uses of the land.
  47. Cause of action for trespass to chattel
    (1) conduct (2) intended to cause and causing (3) interference with the property of another (4) without consent (5) without privilege
  48. What must be intended for trespass to chattel?
    The intereference with the property of another
  49. Which ways can you prove intent for trespass to chattel?
    • Purpose
    • Knowledge to a Susbtantial Certainty
    • Transferred Intent
  50. In what ways can you interfere with another's chattel?
    • Damage - to the chattel
    • Substantial Deprivation - from the use
    • Bodily injury - from the use
  51. What is absolutely required with trespass to chattel?
    Some form of damages - otherwise, this does not work.
  52. Cause of action for conversion
    (1) conduct (2) intended to cause and causing (3) interference with the property of another (4) such that it warrants paying full market value (5) without consent (6) without privilege
  53. What must be intended for conversion?
    Interference with the property of another.

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