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MBE Found. Torts I
Intentional Torts and Defenses (From the First slide)
| Term | Definition |
|---|---|
| 3 Types of Battery | 1. Intends to commit an offensive or harmful contact, an offensive or harmful contact results. 2) Intends to commit an assault, an offensive or harmful contact results. 3) Act that creates substantial certainty |
| Consent (Defense) | - VIC gives consent, then tortious act is not privileged. - Consent can be in words or non-verbal gestures. - Implied consent when, under the circumstances, the conduct of VIC reason.. conveys consent. - Implied by law. Emergency room (VIC unconscious) |
| Assault | - Act by DEF creating a reasonable apprehension in P of immediate harmful or offensive conduct - Intent on the part of the DEF to bring about apprehension of immediate harmful or offensive contact in the P - Causation |
| Intentional Infliction of Emotional Distress | - Extreme and outrageous conduct - Intent by DEF that P suffer severe emotional distress, or recklessness - Causation - Damages - severe emotional distress |
| IIED - Third Party Recovery | - When the DEF causes physical harm to the third party and the P suffers emotional distress because of her relationship to the injured person: -- P must be present -- P was a close relative to the injured person |
| IIED - Third Party Recovery II | -- DEF knew or should have known of the presence of the P and -- Actual damages are required |
| Trespass to Chattels versus Conversion | - Trespass to chattels - DEF interferes with another person's lawful possession of a chattel (movable personal property). - The interference can be any physical contact with the chattel in a quantifiable way, or any dispossession by taking it destroying |
| Trespass to Chattels versus Conversion II | ... it, or barring owner's access - Conversion is a greater wrong as teslas to chattels is argued to be actionable per se. - Factors - duration, value, damage |
| Necessity (Defense) | - A defense which allows the DEF to interfere with the property interests of an innocent party in order to avoid a greater injury. The D is justified in her behavior because the action minimizes the overall loss. |
| Necessity (Defense) II | -- Public necessity - D injures a private property interest to protect the community. A complete defense. (No recovery) -- Private necessity - D injures a private property interest to protect a private interest valued greater than the appropriated... |
| Necessity (Defense) III | ... or injured property. An incomplete defense. The D is privileged to interfere with another's property, but is liable for the damage. |
| Trespass to Chattels or Larceny? | - Criminal law requires and intent to permanently deprive the owner of possession - Torts law rehires only an intent to take, regardless of knowledge of ownership |
| Unintentional Entries onto the Land | A person is not liable for trespass for negligent or reckless entries unless he causes damage to the land. |
| False Imprisonment | - An act by the D that confines or constrains P - To a bounded area - D intend to confine - Causation |
Created by:
Gkell001
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