Torts 1L Exam Study Guide with Complete Solutions
Intentional Torts - Answer️️ -The intentional torts are battery, assault,
false imprisonment, trespass to land, trespass to chattel, and conversion.
Battery - Answer️️ -Battery is the intentional unlawful, harmful or
offensive touching o...
Intentional Torts - Answer✔️✔️-The intentional torts are battery, assault,
false imprisonment, trespass to land, trespass to chattel, and conversion.
Battery - Answer✔️✔️-Battery is the intentional unlawful, harmful or
offensive touching of the person of another.
Assault - Answer✔️✔️-Assault is the intentional threatening of another with
a battery and the creating of apprehension of immediate bodily harm in the
victim.
Transferred Intent Doctrine - Answer✔️✔️-The Transferred Intent Doctrine
is 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 unintended victim. The third person can therefore proceed
against the defendant on a battery theory.
Substantial Certainty Doctrine - Answer✔️✔️-The Substantial Certainty
Doctrine holds that where 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 - Answer✔️✔️-False imprisonment is the intentional
confinement of the plaintiff by the defendant, without consent and without
legal privilege.
Trespass to Land - Answer✔️✔️-Trespass to land is an entry upon land in
the possession of another, without consent and without legal privilege.
Trespass to Chattel - Answer✔️✔️-Trespass to chattel is the intentional
taking or damaging of personal property in the possession of another,
without consent and without legal privilege.
Conversion - Answer✔️✔️-Conversion is 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 privilege.
Trespass Ab Initio - Answer✔️✔️-Trespass ab initio is an entry upon the land
in possession of another 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 - Answer✔️✔️-A 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 - Answer✔️✔️-Public nuisance results from an act or
conduct by the defendant which is injurious to the public in general.
Defenses to Intentional Torts - Answer✔️✔️-Defenses to intentional torts are
consent, self-defense, defense of others, defense of property, prevention of
crime, recovery of property, legal authority, and necessity.
Consent - Answer✔️✔️-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 of manner.
The Defense of Self-Defense - Answer✔️✔️-Self-defense is a defense that
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.
The Defense of Defense of Others - Answer✔️✔️-The defense of others
relates to the general proposition that a person who reasonably believes
another to be threatened with immediate bodily harm may use whatever
degree of force is apparently necessary to protect the personal safety of the
other person.
Step-In-Shoes Jurisdiction (Defense of Others) - Answer✔️✔️-In some
jurisdictions a person is not allowed to use the defense of defense of others
unless the person being defended was not the aggressor and had the right
to use self-defense.
Reasonable Appearances Jurisdictions (Defense of Others) - Answer✔️✔️-In
other jurisdictions a person defending another in good faith and in
ignorance of the fact that the person being defended is the aggressor and
not entitled to use self-defense is nevertheless justified when acting upon
reasonable appearances. Sometimes it is further required that the person
being defended is one whom the defender is authorized by statute to
protect.
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