Torts: Battery, Assault, and Defenses

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Questions and Answers

What are the two forms of intent recognized in battery, and how does transferred intent apply?

The two forms of intent in battery are single intent for contact and dual intent for both contact and harmful effect. Transferred intent applies when the intent to cause harm or contact transfers from the intended victim to another person.

Define assault and explain what distinguishes it from battery.

Assault is an intentional act that causes immediate apprehension of harmful or offensive contact. It differs from battery in that assault does not require the actual contact to occur.

What constitutes false imprisonment (FI), and what are its defenses?

False imprisonment occurs when D intentionally confines P in a bounded area without reasonable means of escape, with P being aware of or harmed by it. Defenses include shopkeeper's privilege and consent.

What elements must be proven to establish intentional infliction of emotional distress (IIED)?

To establish IIED, one must prove that D engaged in outrageous conduct with intent or recklessness, causing actual emotional distress in P, resulting in damages. Signup and view all the answers

Explain the difference between trespass to chattel (TTC) and conversion.

Trespass to chattel involves an intentional act of intermeddling with P's personal property causing actual harm or significant deprivation of use. Conversion, however, requires exercising substantial control over the property, severely interfering with ownership rights. Signup and view all the answers

What are the two primary purposes of damages in tort law?

To promote deterrence and to achieve corrective justice. Signup and view all the answers

Under contributory negligence, how does the fault of the plaintiff affect their recovery?

It completely bars recovery if the plaintiff is found negligent. Signup and view all the answers

In the context of strict liability for abnormally dangerous activities, what two criteria must be met?

The activity must be abnormally dangerous and the harm must be of a type that makes the activity dangerous. Signup and view all the answers

What are the key elements that determine employer liability under respondeat superior?

The defendant must be liable for the tort, be an employee, and be acting within the scope of employment. Signup and view all the answers

How is a manufacturing defect established in products liability claims?

By comparing the defective unit to the intended design and showing that the difference caused the injury. Signup and view all the answers

What distinguishes punitive damages from compensatory damages?

Punitive damages are awarded for exceptionally blameworthy conduct to deter egregious behavior, while compensatory damages are for actual losses. Signup and view all the answers

What is the difference between pure comparative negligence and modified comparative negligence?

In pure comparative negligence, a plaintiff can recover even if they are 99% at fault, while modified comparative negligence bars recovery if the plaintiff is 50% or more at fault. Signup and view all the answers

What legal principle applies to wild animals regarding strict liability?

Owners of wild animals are always held strictly liable for any harm caused by them. Signup and view all the answers

What is the primary difference between public and private necessity in property law?

Public necessity does not require compensation for damage, whereas private necessity requires a reasonable belief that action is necessary and compensation must be provided for damage. Signup and view all the answers

Define the elements of negligence as described in the provided content.

Negligence consists of a duty, breach of that duty, causation (both but-for and proximate), and damages or harm to the plaintiff. Signup and view all the answers

What is the 'Hand Formula' and how does it relate to breach of duty in negligence cases?

The 'Hand Formula' states that breach occurs when the burden of taking precautions (B) is less than the probability (P) of loss multiplied by the gravity of that loss (L), or B < PL. Signup and view all the answers

What duty is owed to invitees under traditional land law?

To invitees, there is a duty to make the premises reasonably safe and to inspect for hidden dangers. Signup and view all the answers

In the context of self-defense, what is required for a person to justifiably claim self-defense?

A person must have a reasonable belief that force is necessary to prevent imminent harm and must use reasonable force in response. Signup and view all the answers

What limits are placed on the use of force in the defense of property?

In the defense of property, reasonable force is permitted, but deadly force is never justified for property alone. Signup and view all the answers

What constitutes a 'duty' in negligence, and how can it arise according to the content provided?

A duty in negligence can arise from affirmative acts that create risk, generally determined by the court as a matter of law. Signup and view all the answers

What is the significance of 'negligence per se' in tort law?

Negligence per se protects a specific class from a particular type of harm that results from a violation of a statute. Signup and view all the answers

Study Notes

Battery

Intentional act by D to cause harmful or offensive contact with the person of P.
D must intend the contact, or intend harm/offence. (single or dual intent).
Contact must be transferred, like hitting A and hitting B unintentionally but it still counts as battery.
Contact of a shopping bag or smoke in the eyes could be battery.
Damage/harm must occur.

Willingness for conduct to happen, actions or inactions that are communicated.
Consent can be express, implied, or emergency.

Assault

Volitional act by D, intending to cause immediate apprehension of harmful or offensive contact.
This causes reasonable apprehension of a harmful or offensive contact in P's mind.
Contact must be imminent (close in time and space).
P must be aware of the threat.

False Imprisonment (FI)

Intentional act of D confining P within a bounded area.
Without reasonable means of escape and P is aware.
Harm/damage occurs.

Intentional Infliction of Emotional Distress (IIED)

Extreme and outrageous conduct by D.
Intent or recklessness to cause emotional distress, emotional distress does occur in P.
Damages/harm is (severe/substantial) and utterly intolerable to civilized society

Trespass

Intentional intrusion on property of another, without consent.
Interference with P's right of possession (e.g. entering another person's property).

Negligence

Duty A duty of care exists (or a relationship that defines a duty to act).
Breach The duty of care was breached.
Causation The breach of duty caused the injury,
Damages P suffered actual damages.

Reasonable Person Standard

Reasonable person of ordinary knowledge, intelligence, and prudence would act under the circumstances.
Standards specific to children, mental impairments, and emergencies.

Injury causation

"But-for" test requires an analysis of counterfactuals. Did the defendant's conduct cause the harm?
If the harm wouldn't have occurred "but for" the defendant's actions, it was the proximate cause.

Damages

Punitive: exceptionally blameworthy actions, damages that punish.
Compensatory: out of pocket costs, pain and suffering.

Product Liability

Manufacturing defects/design defects/failure to warn.

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Description

This quiz covers key concepts in tort law, focusing on battery, assault, and defenses such as consent. Test your knowledge of intentional acts, harmful contact, and false imprisonment. Understand the implications of each term and how they relate to liability.