Torts I

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Torts I
2011-05-30 17:37:00
Torts Bar Preparation

Torts Cards Used to Prepare for the NY Bar Exam July 2011
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  1. 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.
  2. 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?
  3. 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.
  4. 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.
  5. Trespass to Land
    • 1) Act of physical invasion (not intangible forces);
    • 2) Pl. mustbe possessor of the land (owner or tenant).
  6. 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 *****
  7. 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.