Tort short summary

Tort short summary - Torts Short Summary 2006 Stephen Hunt...

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Torts Short Summary © 2006 Stephen Hunt, Jr. 1 Battery 1. Intent (purpose or design OR substantial certainty) 2. Harmful or Offensive (Unpermitted) 3. Contact or Touching Anything connected to P is viewed as part of P’s person and thus Battery c’d result. Intent You don’t have to mean for harmful result, just the act that resulted in the harmful or offensive contact for the intentional torts. IIED is only Intentional Tort w/recklessness as a prong to intent element. Implied Consent Apparent reasonable person w’d infer consent (contact sport) Inferred from custom —ordinary daily life (bumping, jostling) Implied by law —action necessary to save life or property Assault 1. Intent (purpose or design OR substantial certainty) 2. To Cause 3. Reasonable apprehension of 4. Imminent harmful or offensive contact Must be imminent and D must have a present ability to carry out the harm. Threat of future harm is not assault. WORDS ALONE ARE NOT ENOUGH. But words can negate the action. Apprehension = expectation. Doesn’t matter if P bigger than D as long as D caused apprehension of offensive contact! Transferred Intent D intends to commit a tort against one person but instead: 1. Commits a different tort against that person 2. Commits the same tort as intended but against a different person, or 3. Commits a different tort against a different person 3 rd Person Used as Shield Can use bystander as a shield but then liable for injuries caused as result of using them as a shield. Consent as Defense * Determined based on all the surrounding events * Capacity req’d or parent’s consent (if P manifests inability to consent then D beware!) * Person can’t consent to criminal act (Majority) * Exceeding consent given or substantially different than consent then liable * Consent can be revoked or modified (not a K!) * Fraud, duress, mistake will all impact if consent is given (esp. if D knew of or caused mistake). False Imprisonment 1. Intent (purpose or design OR substantial certainty) 2. Confinement ( direct/indirect 3. Bounded area 4. Conscious/harmed physically 5. Unconsented/unprivileged 6. Appreciable amount of time Threat to use force is enough Inaction/refusal is enough Privilege When its your buddy a reasonable person w’d not find it a battery Duress Vital necessities taken (wallet, keys, kids) but economic duress will not make it unconsented. Confinement Obligation to check bounded area for escape unless unreasonable. If you don’t know of secret passage then still confined! Self-Defense Reasonable force against bodily injury: * Appears to reasonable person self defense needed * Only reasonable force used—can’t exceed! * Don’t have to wait for blow to be struck * Retreat-sh’d try unless can’t, don’t need to from home or yard) Mistake, if reasonable, OK IIED 1.
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