Card Set Information
Torts Bar Preparation
Torts Cards Used to Prepare for the NY Bar Exam July 2011
What is a Battery?
1) Defendant must commit harmful (unpermitted) contact;
2) w/ plaintiff's person (including what they are holding)
Notes: Battery may occur over time e.g.
What is an assault?
1) Defendant places P in a reasonable apprehension (knowledge of);
2) an imminent battery.
Note: Apprehension is objective but depends on what he knows, e.g. is the gun loaded?
What is false imprisonment?
1) Def. must commit an act of restraint;
2) Pl. must be confined in a bounded area.
Note: Bounded only if freedom limited in all directions.
Intentional Infliction of Emotional Distress?
1) Outrageous conduct (intentional or reckless) -- "exceeding all bounds of decency tolerated in a civilized socierty."
2) Pl. must suffer severe distress.
Notes: 1) Mild annoyance is opposite of sever distress; 2) Fragile/Protected classes a) children, b) elderly, 3) pregos.
Trespass to Land
1) Act of physical invasion (not intangible forces);
2) Pl. mustbe possessor of the land (owner or tenant).
Trespass to Chattel & Conversion
The intentional interference w/ personal property:
1) Deliberately damage,
2) stealing it for some period of time.
Notes: Modest interference --> trespass; significant interference --> conversion
***** NY Rule - Bona fide Purchaser not liable *****
What are an individual's rights to found property?
**** NY Statute ****
Less than $20, must make reasonable effort tolocate owner, after 1 year you keep it.
Over $20, give it to police, if not recovered after a time, you keep it.