Torts Capsule from Westlaw

Flashcards by , created almost 6 years ago

Torts Flashcards on Torts Capsule from Westlaw, created by alicialee07 on 08/01/2013.

Created by alicialee07 almost 6 years ago
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Question Answer
In tort law, conduct is intentional if the actor ... (a) desires to cause the consequences of his act, or (b) believes that the consequences are certain to result from it
How would you distinguish Intentional conduct from Reckless or Negligent misconduct? If harm is intended, the tort is intentional. If not, and D’s conduct merely creates a foreseeable risk of harm, then D’s conduct is either negligent or reckless depending upon the magnitude and probability of the risk and D’s consciousness of it.
T/F: In most jurisdictions, a mentally incompetent or insane person is liable for his intentional torts, even when incapable of forming a purpose or understanding the consequences of his conduct True
What is battery? Battery is a harmful or offensive contact (direct or indirect) with P’s person, caused by D, with the required intent. D must have acted intending to cause a harmful or offensive contact with P (or another), or an apprehension of such a contact.
T/F: In battery it does not matter if the D intended no harm or True
What is assault? Assault is an act by D, done with the required intent, which arouses in P a reasonable apprehension of an imminent battery. D must have acted intending to cause a harmful or offensive contact with P (or another), or to cause an imminent apprehension of such a contact.
T/F: Mere words, unaccompanied by a physical act, are considered an assault False
What is false imprisonment? False imprisonment occurs when D, intending to confine P (or another) within boundaries fixed by D, so confines P, and P is conscious of the confinement or is harmed by it.
Describe: Intentional or Reckless Infliction of Emotional Distress When D, by extreme and outrageous conduct, intentionally or recklessly causes severe emotional distress to P, D is subject to liability to P for that emotional distress and for any resulting bodily harm.
Describe: Trespass of land D trespasses on P’s land when he intentionally (a) himself enters the land or causes a thing or third person to do so, (b) remains on the land after his privilege to be there has expired, or (c) fails to remove from the land a thing which he is under a duty to remove. P may sue in trespass only if P is in possession of the land or is entitled to immediate possession.