Card Set Information
What are intentional torts?
Involve intentional, rather than merely careless, conduct.
What is assualt?
Defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent.
Is assualt based on bodily contact?
Can it be considered assualt if the plaintiff reasonably believed that bodily contact would occur?
For sure yo.
Does the plaintiff have to believe that bodily contact was imminent for assualt?
You know it home slice.
Can an assualt occur if the plaintiff wasn't afraid of harm?
Aye aye cappy-tan! It is enough that the defendant threatened some from of offensive contact.
What is battery?
Consists of bodily contact.
Is it considered battery if the defendant causes a knife or bullet to touch the plaintiff?
You know it.
Is every form of contact offensive?
No... polite contact is fine.
Just don't kiss someone against their wishes.
Is there a general tort of invasion of privacy?
Nope. It is really hard to get that tort.
What is false imprisonment?
When a person is confined within a fixed area without justification.
Do you have to been in a prision for it to be considered false imprisionment?
No. You can be locked in a room, trapped in a car, set adrift on a boat. As long as you cannot easily escape.
Is physical force necessary for false imprisionment?
No, the detention may be psychological.
What is malicious procecution?
When the defendant improperly causes the plaintiff to be prosecuted.
When is there an authority to make an arrest by a police officer?
When anyone is reasonably suspected of:
1. being in the act of committing a crime or
2. having committed a serious crime in the past.
When is there an authority to make an arrest by a private citizen? (Security guards)
Only if a crime is actually being committed by the suspect.
What is tresspass to land?
When the defendant improperly interferes with the plaintiff's land.
Can it be considered trespass if the person has elgal authority to be on a property?
Well... um... maybe... no.
What are 4 complete defences?
What is consent?
If a person voluntarily agrees to experience an interference with their body, land, or goods.
Can consent be express or implied?
What is legal authority?
Provides a person with a lawful right to act in a certain way.
What is self-defense?
The right to protect oneself from violence and the threat of violence.
What is a necessity?
The defendant's actions were justified by an emergency.
What are the two partial defences?
2. Contributory negligence
What is provocation?
Words and actions that would case a reasonable person to lose self-control.
What is contributory negligence?
When the plaintiff is partially responsible for the injury that the defendant tortiously caused.