Torts Short Oultine

Torts Short Oultine - TORTS CHECKLIST TORTS INTENTIONAL...

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TORTS CHECKLIST TORTS CHECKLIST INTENTIONAL TORTS 1. ACT BY D – need only volitional movement 2. INTENT specific (goal to bring abt consequences) OR general (substantial certainty) OR transferred (from another person or tort – assault, battery, FI, TL, TC) 3. CAUSATION : okay if D’s conduct is sub factor in bringing abt injury 4. DAMAGES: ONLY required for IIED PERSON 1. BATTERY : harmful or offensive touching to any part of P’s person a. Not req. to be aware of it; b. REMEMBE R : look for s/o exceeding scope of consent 2. ASSUALT : imminent reas apprehension of an battery or intent to frighten a. Awareness req.; apparent ability of D is what matters b. NOT mere words, but words can negate ; Not req. to know of D identity; Fright not req. 3. FI : intent to confine P to bounded area AND confinement actually occurs AND P is aware of it OR suffers physical harm a. NOT future threats; b. False arrests: felony – cops need reasonable grounds & private pers also needs felony to have been committed; misdemeanor – breach of peach in presence. c. Shoplifting defenses: reasonable belief, manner, time (BMT) 4. IIED: AND severe ED suffered a. b. Dmgs req: ED req, but not PI c. d. PROPERTY 5. LAND : physical invasion AND intent to engage in conduct that causes invasion (no need to have intent to enter the land) a. b. NOT light, noise, vibration c. REMEMBER: if invasion is intangible use nuisance 6. CHATTELS : slight interference – get diminished value/loss of use/replacement ( if dispossession = rental V) 7. CONVERSION : substantial interference – get FMV (forced sale) OR recover chattel (but not req. to accept if D tries to return it) DEFENSES 8. CONSENT : valid consent + scope of consent not exceeded 1. may be express or implied/custom + need capacity + cant be forced + may not consent to criminal act 2. MBE TIP : EVERYONE has capacity to COMMIT to a tort BUT NOT EVERYONE has CAPACITY to consent. 3. MBE TIP: Keep the parties clear – in Q’s w/these defenses, the conduct of D was prompted by commission or apparent commission of a tort by P. That tort is NOT at issue, however; the issue is whether D’s response itself constituted a tort against P (usually battery, trespass to land, or trespass to chattels) or instead was privileged by one of these defenses 9. PERSON : IF non aggressor + reasonable blf of attack = may use reasonable amt of force allowed a. Deadly force: NO duty to retreat (modern trend = duty if you can do so safely unless at home) b. Reasonable mistake as to existence of danger is allowed. 10.
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This note was uploaded on 01/27/2011 for the course POL 390 taught by Professor Alessi during the Spring '10 term at SUNY Stony Brook.

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Torts Short Oultine - TORTS CHECKLIST TORTS INTENTIONAL...

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