Torts Short Oultine


Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
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.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

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.

Page1 / 8


This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online