Torts

A battery consists of the infliction of a harmful or offensive contact upon another with the intent to cause such contact or the apprehension of such contact is __________.

imminent

In Paul v. Holbrook, the court left the determination of whether the massages constituted battery to the __________.

fact finder

A battery requires an __________ with intent causing harmful or offensive contact.

act

The test of offensiveness is determined by what is offensive to an __________ person who doesn't have heightened sensitivity to personal dignity.

ordinary

In Spivey v. Battaglia, the court ruled that Battaglia was negligent because a reasonable man would not believe the bizarre results and injury to Spivey to be __________ to follow from his act.

substantially certain

The court in Leichtman v. WLW Jacor Communications ruled that the WLW host's act of blowing smoke in Leichtman's face was a __________.

battery

Assault is defined as an act with intent to place the plaintiff in apprehension of an __________ contact that is either harmful or offensive.

imminent

Transferred intent applies when someone intends a battery on person A but accidentally harms person __________ instead.

B

In the context of self-defense, force must be __________ to the threat posed by the attacker.

proportional

Fojtik’s claims were not sufficient for false imprisonment because he had consented to __________ when participating in the alcohol program.

care

In Grant v. Stop-N-Go Mkt., Inc., the court found sufficient evidence of false imprisonment when Grant could not leave without harming his __________.

reputation

Intentional Infliction of Emotional Distress (IIED) requires conduct that is extreme and outrageous, with intent to cause severe emotional distress or knowledge with __________ certainty that distress will result.

substantial

Trespass is a __________ liability tort, meaning the act alone is enough for liability regardless of knowledge or intent.

strict

Conversion involves an act or omission with the intent to assert dominion or control over movable property belonging to the plaintiff, causing __________ disorder or dispossession to the plaintiff.

substantial

In Thyroff v. Nationwide Mutual Insurance Company, the court ruled that intangible property can be __________.

converted

The elements of false imprisonment are (1) willful detention by the defendant, (2) without consent of the detainee, and (3) without __________ of law.

authority

Consent may be invalidated if derived from duress, fraud, or lack of __________.

capacity

The distinction between trespass to chattels and conversion is based on the degree of dispossession: complete versus __________ dispossession.

incomplete

In Beach v. Hancock, Hancock was found liable for assault because pointing a gun, even if unloaded, is reasonable grounds for __________.

fear

Single Intent

A legal standard in tort law requiring only that the actor intended to perform the physical act, rather than intending to cause harm or offense.

Dual intent

need both intent to do the act, and intent to do the harm

Battery

An act with intent causing harmful or offensive contact (can be by instrumentality or within a zone of personality, without privilege).

Battery: an act with _____ causing harmful or offensive contact (can be by instrumentality or within a zone of personality, without privilege).

intent

Battery: an act with intent causing ______or ______(can be by instrumentality or within a zone of personality, without privilege).

harmful or offensive contact

Battery: an act with intent causing harmful or offensive contact (can be by ________ or within a ________, without privilege).

instrumentality or within a zone of personality

Zone of Personality

extends from the body; the more likely the item in the ZOP is to come into contact with the person, the more the act inflicts on the ZOP

Assault

An act with intent to place the plaintiff in apprehension of an imminent contact that is either harmful or offensive 

Assault: An _____ with intent to place the plaintiff in apprehension of an imminent contact that is either harmful or offensive 

act

Assault: An act with ______ to place the plaintiff in apprehension of an imminent contact that is either harmful or offensive 

Intent

Assault: An act with intent to place the plaintiff in _________ of an imminent contact that is either harmful or offensive 

apprehension

Assault: An act with intent to place the plaintiff in apprehension of an _________ that is either harmful or offensive 

imminent contact

Assault: An act with intent to place the plaintiff in apprehension of an imminent contact that is either _______ or ________ 

harmful or offensive

Reasoning for transffered intent

When someone acts in malice toward an intended target, they act in malice in general; they shouldn’t be excused because they’re bad at whatever act they did. 

When is the transfer intent?

The court is willing to transfer intent only when transferring intent is the only way plaintiff can get damages

Tort A (ex: assault)

Tort B (ex: battery)

Is intent transferred?

Yes

Target A (ex. Jones)

Target B (ex: Smith)

Is intent transferred?

Yes

Tort A Assault → Target A Jones

Tort B Battery → Target B Jones

How would a court treat this transfer?

They would be less comfortable with it

Property Tort A

Bodily Tort B

Why are courts hesitant to transfer intent in this case?

Because this looks more like negligence

Why aren’t lethal mechanical means of property defense allowed?

They are not proportional, and they don’t allow the pro-social means of communication.

Katko v. Briney holding

An owner cannot use a spring trap gun to protect property against trespassers and thieves. 

Actual consent

words or conduct that plaintiff intends, and defendant understands as willingness to submit to relevant act 

implied consent

participation in ordinary social circumstances where relevant act is ordinary and to be expected 

apparent consent

words or conduct that are reasonably understood to confer consent even when plaintiff did not so intend them

scope of consent

consent is not unlimited, so going beyond the boundaries of what the plaintiff allowed is still unconsented and gives rise to liability

Does duress invalidate consent?

Yes

Does fraud invalidate consent?

Yes

Does lack of capacity invalidate consent?

Yes

Self-defense

An actual and reasonable belief of imminent bodily harm (contact, confinement, negligence) to self or others.

Self-Defense: An ______ and reasonable belief of imminent bodily harm (contact, confinement, negligence) to self or others.

Actual belief

Self-Defense: An actual and _________ of imminent bodily harm (contact, confinement, negligence) to self or others.

reasonable belief

Self-Defense: An actual and reasonable belief of ___________ (contact, confinement, negligence) to self or others.

imminent bodily harm

Self-Defense: An actual and reasonable belief of imminent bodily harm by _____, ______,______ to self or others.

contact, confinement, negligence

Self-Defense: An actual and reasonable belief of imminent bodily harm (contact, confinement, negligence) to _________.

self or others

If the self-defense belief is mistaken?

Split authority: minority districts = you forfeit the privilege, majority of districts = you retain privilege

If mistake made for others in need of defense

Split authority: some jurisdictions forfeit the privilege and some you retain 

Defense of real property

Plaintiff has an unprivileged (no good reason) intrusion on defendant's land, AND Landowner reasonably believes force is necessary to repel intrusion and has requested that they leave.

Defense of real property: Plaintiff has an _______ intrusion on defendant's land, AND Landowner reasonably believes force is necessary to repel intrusion and has requested that they leave.

unprivileged

Defense of real property: Plaintiff has an unprivileged intrusion on defendant's land, AND Landowner ________________ to repel intrusion and has requested that they leave.

reasonably believes force is neccesary

Defense of real property: Plaintiff has an unprivileged intrusion on defendant's land, AND Landowner reasonably believes force is necessary to repel intrusion and has _____________.

requested that they leave.

actual lack of privilege

they actually don’t have the privilege to enter the land

perceived lack of privilege

plaintiff intends not to say why they’re on land, or are negligent in doing so

request to leave must be _________or _______.

denied or deemed futile

In a defense of property, is defendant liable for injured third parties or for negligent use of force?

Yes

Defense of real property: intruder mistaken about privilege to enter

Does not forfeits defendants privilege to defend

Privilege to retake exists IF defendant had previous possession of or is entitled to immediate possession of AND plaintiff has taken chattel wrongfully or forcibly AND defendant begins retaking effort immediately/timely discovery AND defendant first demands return or such a demand is futile. 

Defense of moveable property

Defense of moveable property: Privilege to retake exists IF ______________________________ AND plaintiff has taken chattel wrongfully or forcibly AND defendant begins retaking effort immediately/timely discovery AND defendant first demands return or such a demand is futile. 

defendant had previous possession of or is entitled to immediate possession of

Defense of moveable property: Privilege to retake exists IF defendant had previous possession of or is entitled to immediate possession of AND _________________________ AND defendant begins retaking effort immediately/timely discovery AND defendant first demands return or such a demand is futile. 

plaintiff has taken chattel wrongfully or forcibly

Defense of moveable property: Privilege to retake exists IF defendant had previous possession of or is entitled to immediate possession of AND plaintiff has taken chattel wrongfully or forcibly AND _________________________AND defendant first demands return or such a demand is futile. 

defendant begins retaking effort immediately/timely discovery

Defense of moveable property: Privilege to retake exists IF defendant had previous possession of or is entitled to immediate possession of AND plaintiff has taken chattel wrongfully or forcibly AND defendant begins retaking effort immediately/timely discovery AND _____________________.

defendant first demands return or such a demand is futile. 

defense of moveable property: IF defendant consented to chattel being on land (ie., they said you can borrow something)

must use legal process to get it back

defense of moveable property: IF defendant is a conditional seller (eg., dealership who sells a car based on the condition that you must make loan payments, but you don't make payments)

defendant allowed to enter property if peaceful and with no force

self-defense of movable property: defendants mistake regarding privilege to use force

does forfeit privilege to defend

An act with the intent to confine which causes confinement of which the plaintiff is aware, and the act is without consent or authority

false imprisonment

False Imprisonment: An ____ with the intent to confine which causes confinement of which the plaintiff is aware, and the act is without consent or authority

act

False Imprisonment: An act with the ______ to confine which causes confinement of which the plaintiff is aware, and the act is without consent or authority

intent

False Imprisonment: An act with the intent to _______ which causes confinement of which the plaintiff is aware, and the act is without consent or authority

confine

False Imprisonment: An act with the intent to confine which ________ of which the plaintiff is aware, and the act is without consent or authority

causes confinement

False Imprisonment: An act with the intent to confine which causes confinement of which the plaintiff is ______, and the act is without consent or authority

aware

False Imprisonment: An act with the intent to confine which causes confinement of which the plaintiff is aware, and the act is ___________.

without consent or authority

______, ______, or ______ can cause confinement

force, threat, or any other means that convey a reasonable injury to person property or reputation

Confinement is ________.

bounded physical space

for false imprisonment, what would happen if you use a possible exit?

you would forfeit safety, reputation, or property

Privilege to arrest/FI: ______ with _______

Officer with valid warrant

Shopkeepers privilege: ______, _____, and ______ of confinement must be reasonable. 

basis, means, and duration

In most states evidence of physical manifestations of emotional damage is required to prove the claim

True

Illinois

state where physical manifestation of IIED is not needed

Intent to cause severe emotional distress or knowledge with substantial certainty that distress will result from extreme and outrageous behavior that causes severe emotional distress.

Intentional Infliction of Emotional Distress

Intentional Infliction of Emotional Distress: _____________________ or knowledge with substantial certainty that distress will result from extreme and outrageous behavior that causes severe emotional distress.

intent to cause severe emotional distress

Intentional Infliction of Emotional Distress: Intent to cause severe emotional distress or ________________________________ from extreme and outrageous behavior, that causes severe emotional distress.

knowledge with substantial certainty that distress will result

Intentional Infliction of Emotional Distress: Intent to cause severe emotional distress or knowledge with substantial certainty that distress will result from _________and _________, that causes severe emotional distress.

extreme and outrageous behavior

Intentional Infliction of Emotional Distress: Intent to cause severe emotional distress or knowledge with substantial certainty that distress will result from extreme and outrageous behavior, that causes ______________________.

severe emotional distress

extreme and outrageous is _________.

open textures

beyond the bounds of civilized conduct that no man should bear

outrageous

is an obligation to notify the owner required to find trespass liability?

no

Takeaway from Jaques v. Steenburg homes

trespass itself is the harm

Intent to enter land in possession of another by self or by instrumentality, or remain on land (after consent or privilege has expired), or fail to remove thing from land (originally consented to or privileged)

trespass to land

Trespass to Land: ______________________ by self or by instrumentality, or remain on land (after consent or privilege has expired), or fail to remove thing from land (originally consented to or privileged)

intent to enter land in possession of another

Trespass to Land: Intent to enter land in possession of another __________________, or remain on land (after consent or privilege has expired), or fail to remove thing from land (originally consented to or privileged)

by self or instrumentality

Trespass to Land: Intent to enter land in possession of another by self or by instrumentality, or _________________________, or fail to remove thing from land (originally consented to or privileged)

remain on land after consent or privilege has expired

Trespass to Land: Intent to enter land in possession of another by self or by instrumentality, or remain on land (after consent or privilege has expired), or ______________________

fail to remove thing from land that was consented to or privileged