STUVIA 2024/2025
1. Social Science
2. Law
3. Civil Law
Torts
Terms in this set (102)
Original
Voluntary
of ones own free will without any outside influence
Battery
voluntarily
act
external manifestation of the actor's will
intent
there are 3 types of intent: specific, general, transferred
specific intent
the purpose or desire to produce the consequences
general intent
defendant sets in motion a chain of events knowing with substantial certainty the outcome is likely to
%
occur
transferred intent
the intent to commit one tort, but commits another; or the intent to commit a tort against one person,
but commits it against another
Torts that transfer
false imprisonment
assault
battery
trespass to land
trespass to chattel
single intent
intent to make contact
dual intent
intent to make contact and cause harm
direct touching
touching something so intimately connected with the person that it is customarily regarded as part of
the person
crowded world theory
permits certain nonconsensual contact which is necessary for social existence to be considered
legally "not harmful or offensive as a matter of law."
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Indirect Touching
Agent: something or someone that acts on behalf of the defendant
Agency Theory: using an instrument or person to commit a tort
Assault
a defendant is liable for assault when he voluntarily acts with intent to cause another apprehension of
imminent bodily contact and such apprehension results when the defendant has the apparent ability
to carry out the contact, absent privilege.
apprehension
fear of imminent battery
-Must be aware
-seizure of the mind
imminent
something that can immediately happen
T/F
Words alone are enough for assault
False
apparent ability
physically capable
T/F
The plaintiff doesn't need knowledge of an assault
%
False
False Imprisonment
Defendant is liable for false imprisonment when he voluntarily acts with intent to confine another to a
bounded area, directly or indirectly, and plaintiff is aware of such confinement or is harmed, absent
privilege
confinement
restriction of physical liberty - fixed or bounded area closed on all four sides
bounded area
closed on all sides
Intentional Infliction of Emotional Distress (IIED)
A defendant is liable for IIED when he voluntarily acts intentionally or recklessly by extreme and
outrageous conduct that causes another to suffer severe emotional distress
reckless
high degree of disregard for the outcome
Extreme and outrageous conduct
conduct that exceeds all bounds tolerated by a decent society
Trespass to Chattel
defendant is liable for trespass to chattel when he intentionally intermeddle with the chattel of another
without privilege.
chattel
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