Flashcards
Torts Capsule from Westlaw
Cards in this deck (10)
- 1In 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 - 2How 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.
- 3T/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 conductTrue
- 4What 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. - 5T/F: In battery it does not matter if the D intended no harm orTrue
- 6What 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. - 7T/F: Mere words, unaccompanied by a physical act, are considered an assaultFalse
- 8What 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. - 9Describe: Intentional or Reckless Infliction of Emotional DistressWhen 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. - 10Describe: Trespass of landD 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.
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- Torts Flashcards on Torts Capsule from Westlaw, created by alicialee07 on 01/08/2013.
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