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9-19-2026 - Lecture 4: Intentional Torts and Privileges
Fichas del conjunto (30)
- 1Under what condition is deadly force permitted in self-defense or defense of others?When there is a reasonable belief that deadly force is necessary to prevent serious bodily harm or death.
- 2What defines the intentional tort of trespass to land?The intentional physical invasion of the plaintiff's real property.
- 3What threshold of conduct is required to sustain a claim for Intentional Infliction of Emotional Distress?The conduct must be extreme and outrageous.
- 4What is the legal effect of a successful Public Necessity defense?It acts as an absolute defense, relieving the defendant of liability for any resulting property damage.
- 5Is a physical manifestation of harm generally required to recover for Intentional Infliction of Emotional Distress?No; an actual physical manifestation of emotional distress is generally not required.
- 6Under the Restatement (Third), what three conditions establish Actual Consent?(1) Plaintiff had capacity; (2) plaintiff was free from duress or substantial mistake; and (3) plaintiff was subjectively willing for defendant's conduct to occur.
- 7When is force permitted to recapture chattels?Reasonable force can be used only when in hot pursuit of one who wrongfully obtained possession.
- 8What constitutes a trespass to chattels?Intentional interference with the plaintiff's right of possession in a chattel.
- 9How are damages measured in an action for conversion?Damages are measured by the fair market value of the chattel at the time and place of the conversion.
- 10What degree of interference with a chattel elevates an action from trespass to chattels to conversion?An interference so serious that it warrants requiring the defendant to pay the full value of the chattel.
- 11What is the standard for Apparent Consent under the Restatement (Third)?A reasonable person in the defendant's position would have a reasonable belief that the plaintiff consented.
- 12What capacity requirement must be satisfied for consent to act as a defense?The person giving consent must have legal capacity (i.e., be mentally competent) and be capable of making an informed decision.
- 13Against whom may force be lawfully directed during the recapture of chattels?Force can only be used against a wrongdoer who knows or should know that the chattel was tortiously obtained.
- 14What are the core elements required to establish the intentional tort of battery?(1) Intentional infliction of (2) harmful or offensive contact with the person of the plaintiff.
- 15What does the Shopkeeper's Privilege permit?It permits the reasonable detention of someone the shopkeeper reasonably believes has shoplifted goods.
- 16How does assault differ from battery regarding physical contact?Assault requires reasonable apprehension of imminent harmful or offensive contact, whereas battery requires actual physical contact.
- 17What two conditions must be established to assert the privilege of Necessity?(1) It is reasonably and apparently necessary to avoid threatened injury; and (2) the threatened injury is substantially more serious than the invasion undertaken to avert it.
- 18How does Private Necessity affect a defendant's liability for property damage?It provides a qualified defense, meaning the defendant is justified in acting but remains liable for actual property damage caused.
- 19Under the Restatement (Third), what two criteria define Presumed Consent?(1) The actor is justified under prevailing social norms to engage in the conduct; and (2) the actor has no reason to believe the person would not have consented if requested.
- 20What entry rights exist when recapturing tortiously taken chattels located on another's land?An actor may enter the land to make repossession at a reasonable time and in a reasonable manner.
- 21What elements must be established for false imprisonment?The intentional confinement of the plaintiff to a bounded area where the plaintiff is either aware of the confinement or harmed by it.
- 22In false imprisonment, must a plaintiff always have conscious awareness of the confinement?No; liability exists if the plaintiff is either aware of the confinement OR actually harmed by it.
- 23How does the privilege of Necessity affect a property owner's right to defend their property?The privilege of necessity supersedes the property owner's right to defend their property.
- 24What essential damage element distinguishes trespass to chattels from trespass to land?Trespass to chattels requires proof of actual damages, whereas trespass to land does not require actual physical damage.
- 25What belief must a defendant hold to invoke self-defense, defense of others, or defense of property?A reasonable belief that a tort is being committed or is about to be committed against oneself, another, or one's property.
- 26May deadly force ever be used solely to protect real or personal property?No; deadly force is never permitted to defend only property and not a person.
- 27Which mental state requirement distinguishes Intentional Infliction of Emotional Distress (IIED) from typical intentional torts?IIED can be established by either intentional OR reckless conduct.
- 28What causation standard must be satisfied to establish liability for battery?The defendant's conduct must be a substantial factor in bringing about the harmful or offensive contact.
- 29What action must generally precede the use of force in recapturing chattels?A timely demand for the return of the chattel is required first, unless such a demand would be clearly futile or dangerous.
- 30What elements constitute the intentional tort of assault?The intentional infliction of reasonable apprehension of harmful or offensive contact with the person of the plaintiff.
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- Creado por Giovanna Minotta · 21 oct 2026
- Copiado por Giovanna Minotta · 21 oct 2026
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