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Torts-OL

Torts-OL

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Published by Finally Home Rescue

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Published by: Finally Home Rescue on Jan 02, 2012
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01/03/2014

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TORTS BAR OUTLINEINTENTIONAL TORTSASSAULT
Act with intent to cause reasonable apprehension of imminent harmful or offensivetouching
ELEMENTS
o
Volitional act by D
o
Causing reasonable apprehension of immediate harmful or offensive touching
Words alone or conditional and future threats are NOT enough/ can negate reasonableapprehension
P has to see it/must have awareness/ Immediacy
DEFENSES
o
Consent
Actual (Express) [
go ahead and hit me”]
invalid if procured by duress OR fraud
P must have capacity to give consent (NOT a minor, insane, or drunk)
Apparent (e.g. bus, game) [everybody acts in that way]
Implied
By custom [N.Y. subway]
Based on reasonable interpretation of P’s objective conduct [objectivestandard]EXAMPLES
P went to a place or engaged in an activity where certain invasions are“customary” (fan at baseball game, voluntarily play tackle football)
D’s conduct was necessary to save P’s life (P injured and unconsciousand doctors performs surgery)
Exceeding Consent:
the consent is to the P’s conduct NOT its consequences (if Pdies in boxing match .. D NOT liable but if D used lead filled gloves -- D isliable)
o
Defense
Self-Defense
Defense of Other
[stand in their shoes at your peril] [can only use self defense asthe party you are defending would be privileged to do]
o
Assault must be in progress or imminent; use only proportionate forceElements of defense – self/other:
o
threat/invasion is imminent
o
defense is reasonably necessary
o
force used is reasonable (NOT excessive – D can use same force being used on him)
NO defense if aggression is concluded -- can NOT be revenge
NOT available to original aggressor [unless retreated and informed other party of such]
NO duty to retreat
force can only be used to recapture chattel - if in immediate hot pursuit
D can be mistaken as to the need for self defense -- if mistake is reasonable
if while reasonably defending himself D accidentally shoots 3rd party .. NO liabilityunless D was negligent
Property
[non-deadly]
Rule: all force must be reasonable
deadly force never OK to protect property (NO deadly traps to avoid theft)
X can use reasonable force to stop shoplifter but must have reasonable belief he shoplifted
Transferred Intent
If you intent battery but cause assault instead, law imputes intent.
 Torts Page
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Ex: aiming gun at person 1 and shooting person 2 = assault on person 1 and battery on person 2
BATTERY 
Intentional harmful or offensive touching of another without consent
Have to intent the act – not the result
ELEMENTS
o
Intent + volitional act [not accident, not seizure]; or
substantial certainty test
*(awareness not necessary)
o
Harmful/offensive touching – to the ordinary person [reasonable person standard]
o
 To P or P’s person/dog on leash; horse; dish; cane [ripping dish out of person’s hand]
o
Causation [is always implied]
Substantial Certainty Test
:
o
b/c of act there was substantial certainty to P would make offensive conduct
ex: there is substantial certainty that woman would make conduct with floor whenher chair is moved
DEFENSES
o
Consent
Actual (Express) [
go ahead and hit me”]
invalid if procured by duress OR fraud
P must have capacity to give consent (NOT a minor, insane, or drunk)
before having sex D failed to tell P D has HIV .. NOT a defense tobattery
Apparent (e.g. bus, game) [everybody acts in that way]
Implied
By custom [N.Y. subway]
Based on reasonable interpretation of P’s objective conduct [objectivestandard]EXAMPLES
P went to a place or engaged in an activity where certain invasions are“customary” (fan at baseball game, voluntarily play tackle football)
D’s conduct was necessary to save P’s life (P injured and unconsciousand doctors performs surgery)
Exceeding Consent:
the consent is to the P’s conduct NOT its consequences (if Pdies in boxing match .. D NOT liable but if D used lead filled gloves -- D isliable)
o
Defense
Self-Defense
Defense of Other
[stand in their shoes at your peril] [can only use self defense asthe party you are defending would be privileged to do]
o
Battery must be in progress or imminent; use only proportionate forceElements of defense – self/other:
o
threat/invasion is imminent
o
defense is reasonably necessary
o
force used is reasonable (NOT excessive – D can use same force being used on him)
NO defense if aggression is concluded -- can NOT be revenge
NOT available to original aggressor [unless retreated and informed other party of such]
NO duty to retreat
force can only be used to recapture chattel - if in immediate hot pursuit
D can be mistaken as to the need for self defense -- if mistake is reasonable
if while reasonably defending himself D accidentally shoots 3rd party .. NO liabilityunless D was negligent
Property
[non-deadly]
Rule: all force must be reasonable
deadly force never OK to protect property (NO deadly traps to avoid theft)
 Torts Page
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X can use reasonable force to stop shoplifter but must have reasonable belief he shoplifted
o
Necessity
[also defense to battery]
Requires that conduct was necessary to avoid a greater harm
FALSE IMPRISONMENT
Intentional physical or psychological confinement of another within fixed boundaries
Standard : P does not feel free to leave
ELEMENTS
o
Intent
o
Act or omission that confines
 Threats [stop or I’ll shoot]
Where force is directed against a P’s valuable property and as a result, the Psubmits to a restraint on her freedom, an action for FI may be sustained
 Time irrelevant
Must have awareness OR be damaged
o
To bound area
No reasonable means of egress to leave [take someone to desert & leave them there– FI]
No duty to escape
DEFENSES
o
Consent
Actual (Express)
invalid if procured by duress OR fraud
P must have capacity to give consent (NOT a minor, insane, or drunk)
Apparent (play game)
Implied
By custom
Based on reasonable interpretation of P’s objective conduct [objectivestandard]
o
Lawful arrest
officer/citizen can arrest w/o a warrant if crime committed in their presence
if NO crime was actually committed:
officer:
o
reasonable mistake as to arresting the right person (ID) -- is a defense
o
reasonable mistake as to whether or not a crime was committed -- is adefensecitizen:reasonable mistake as to arresting the right person (ID) -- is a defense
*reasonable mistake as to whether or not a crime wascommitted -- NO defense
o
Shopkeeper priv.
A shopkeeper has a privilege to detain a suspect shoplifter for a reasonabletime, if he has reasonable grounds, uses reasonable force, and conducts areasonable investigation.
Reasonable:
[GIFT]
Grounds +
 Time +
Force +
Investigation
Must show all for shopkeeper defense
INTENTIONAL INFLICATION OF EMOTIONAL DISTRESS [I.I.E.D.]
Conduct of an extreme or outrageous nature calculated to cause severe emotionaldamage
 Torts Page
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