Torts

The law of torts.

35 cards   |   Total Attempts: 188
  

Cards In This Set

Front Back
Intentional Torts
Battery, assault, false imprisonment, trespass to land, trespass to chattel, and conversion.
Battery
The intentional unlawful, harmful or offensive touching of the person of another.
Assault
The intentional threatenting of antoher with a battery and the creating of apprehension of immediate bodily harm in the victim.
Transferred Intent Doctrine
Applicable when a defendant, while in the process of committing a battery against one person, unintentionally causes the touching of a third person. In such a case, the defendant's wrongful intent is transferred to include the unintentional victim. The third person can therefore proeceed against the defendant on a battery theory.
Substantial Certainty Doctrine
Holds that werher the defendant does an act with the realization that it is substantially certain to result in a touching, the defendant is deemed to have intended the result and is liable for the battery.
False Imprisonment
The intentional confinement of the plaintiff by the defendant, without consent and without legal privilage. 
Tresspass to Land
An entry upon land in the possession of another, without consent and without legal privilage.
Tresspass to Chattel
The intentional taking or damaging of personal property in the possession of another, without consent and without legal privilage.
Conversion
An intentional assumption of dominion and control over the personal property of another resulting in a substantial interference with the plaintiff's possessory rights, without consent and without legal privilage. 
Trespass Ab Initio
An entry upon the land in pssession of antoher under a conferred legal right, and the subsequent abusing of that conferred legal right through the commission of an assault, battery, false imprisonment, or trespass.
Private Nuisance
Results from an act or conduct by the defendant which unreasonably interferes with the plaintiff's use and enjoyment of his or her property.
Public Nuisance
Results from an act or conduct by the defendant which is injurious to the public in general. 
Defenses of Intentional Torts
Consent, self-defense, defense of others, defense of property, prevention of crime, recovery of property, legal authority, and necessity.
Consent
Relates to the plaintiff's state of mind and the existence of express or implied willingness that the defendant should act in the complained manner.
The Defense of Self Defense
Relates to the general proposition that a person who reasonably believes himself to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect himself or herself.