intentional tort falshcards

What case established the concept of substantial certainty regarding intent in Garratt v. Dailey?

The court remanded to find proof of substantial certainty regarding the child's awareness of the actions leading to the adult's fall.

What are the essential elements of battery according to the Second Restatement of Torts?

1. Intent required is intent of contact; 2. Contact must be harmful or offensive, but the actor does not need to intend any harm.

What is transferred intent

When a person intends to harm one individual but accidentally harms another, the intent is transferred and the actor is liable.

What is the definition of assault?

Intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact.

What constitutes trespass to land?

Physical invasion of real property of another without consent.

What distinguishes conversion from trespass to chattels?

Conversion involves long term deprivation or permanent deprivation of another's chattel, while trespass to chattels usually involves minor interference.

In the context of consent, what did the case O’Brien v. Cunard S.S. Co. establish?

Implicit consent can be inferred from a person's actions when they avail themselves to a certain situation.

What does the privilege of self-defense entail?

The right to use reasonable force to defend oneself against a threatened battery.

What limits the use of force in the defense of property?

The force used must be reasonable and not calculated to cause severe bodily harm or death.

What is the legal concept of 'necessity' as seen in Surocco v. Gary?

Private rights yield to public necessity; no liability or damages for actions taken under clear necessity.

What limits the authority of law defense

Excessive force is not permitted, regardless of the authority under which the officer is operating.

Defense of Consent

what is an affirmative defense where a plaintiff agrees to the conduct, which may negate liability.

What is the defense of necessity in tort law?

allows for actions that would otherwise be tortious if taken to prevent greater harm.

what limits self-defense?

1. The belief of imminent harm must be reasonable; 2. The force used must be proportional to the threat.

Defense to others

The right to use reasonable force to protect another person from imminent harm.

What constitutes the defense of parental discipline?

Parents have a right to use reasonable force for the purpose of discipline, which is not deemed excessive.

What are the elements of battery?

1. Intent to cause contact; 2. Harmful or offensive contact occurs; 3. The contact is not consented to.

What are the elements of assault?

1. Intent to cause apprehension; 2. actually causes apprehension of imminent harmful or offensive contact.

What are the elements of false imprisonment?

1. Intent to confine; 2. Actual confinement; 3. Plaintiff is aware of confinement; 4. No legal justification for confinement.

What are the elements of intentional infliction of emotional distress?

1. Intent to cause distress or reckless conduct; 2. Conduct is extreme and outrageous; 3. Severe emotional distress results.

What are the elements of trespass to land?

1. Intent to enter or remain on land; 2. Unauthorized physical entry onto land.

What are the elements of conversion?

1. Intent to exercise control over someone's property; 2. Serious interference with the owner's rights; 3. The property is taken or used without consent.

What are the elements of trespass to chattels?

1. Intent to interfere with the chattel; 2. Actual interference or damage; 3. Lack of consent from the owner.