Torts Rules 1
Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
3 prima facie elements of intentional tort
Statute of limitations on intentional torts claims is ONE year after cause of injury
- Voluntary Act
- Intent - specific intent or substantial certainty of the result. Transfered intent applies.
- Causation - direct or as part of chain of causation
Harmful or offensive contact with plaintiff's person caused by defendant's intentional act.
Damages for battery
Nominal - where no injury occurs
Punitive, if acted with malice
Intention overt act that causes plaintiff to experience reasonable apprehension of an immediate battery.
Damages for assault
Punitive, if done with malice.
Intentional act to confine or restrain another to bounded area, resulting in such confine,ment
Intentional Infliction of emotional distress
Intentionally or recklessly acting with extreme or outrageous conduct, which causes plaintiff to expereince severe emotional distress.
No transfered intent
NY: intentional mishandling of corpse leads to liability for intentional infliction of empotional distress
IIED liability for acts directed at third parties
Liable for intentional or recklessly caused severe emotional distress where conduct is directed at a third party victim if third party is:
- 1) member of victim's immediate family and present (no injury required)
- 2) present bystander where distress results in bodily injury
Tresspass to land
Intentional act causing a physical invasion of the land of another.
Standing limited to those with actual or constructive possession of the land.
Tresspass to chattels
Intention acts that interfere with plaintiff's right of possession of a chattel that causes damage.
Interference = dispossession or intermedling.
Mistake no defense
Damages = compensation for diminution in valude, cost of repair, rental value
Intentional act of possession or interference with plaintiff's chattel so serious as to deprive plaintiff of the chattel.
Damages = full value of chattel
NY: good faith purchaser of stolen property not liable for conversion unless first informed of title defect.
Defense of consent
Manifestation, by words or action, of willingness to submit to defendant's conduct.
Express or implied (by law or custom)
Certain groups lack capacity to consent
Use of only sufficient force to prevent what plaintiff reasonably believes is about to be intentionally inflicted upon him.
No defense for initial aggressor unless other party responded to non-deadly force with deadly force.
NY: duty to retreat before using deadly force unless in curtilage of one's own home,
What level of force allowed to recapture of chattels? Land?
Reasonable force for unlawful taking. Peaceful means only for lawful takings.
No use of force to recapture land, only statutory processes.
Defense of necessity
Trespass of chattel or land necessary to prevent injury that is substantially more serious than the invasion itself.
Arrest for felony; misdemeanor
- Private citizen - felony was in fact committed and arresting party has reasonable ground to suspect arrestee committed it.
- Police officer - Reasonable belief that felony committed and arrestee committed it.
- Only where breach of peace committed or resonably appears about to be committed in presence of arresting party.
What would you like to do?
Home > Flashcards > Print Preview