TORTS Final Exam Outline
TORTS FINAL EXAM OUTLINE
INTENTIONAL TORTS 3 2. Battery 3 3. Assault 3 4. Intentional Infliction of Emotional Distress 3 5. False Imprisonment 4 6. Trespass 4 6.1. Trespass to Land 4 6.2. Trespass to Chattels 4 6.3. Conversion 4
AFFIRMATIVE DEFENSES 5 7. Consent (Privilege) 5 8. Self Defense (Privilege) 5 8.1. Self-Defense by Force Not Threatening Death or Serious Bodily Harm 5 8.2. Self-Defense by Force Threatening Death or Serious Bodily Harm 6 9. Defense of Others 6 10. Defense of Property 6 11. Necessity (Privilege) 7 12. Discipline (page 93 in casebook) 7 13. Arrest and Crime Prevention (page 95 in casebook) 7 14. Shopkeeper’s Defense 7
NEGLIGENCE 8 15. Negligence 8 16. …show more content…
Related Cases 4. Other Information Children – Restatement 2d Section 283A • In order to determine if a child is behaving negligently, a child must conform to what a reasonable person of like, age, intelligence, and experience under like circumstances. • Adult Activity - An exception to this rule is when children engage in adult activities where adult qualifications are required. In this case he will be held to the standard of adult skill, knowledge, and competence required by the activity. No exception will be made for immaturity. • Age - Another exception to this is children under the age of 5 since they are incapable of comprehension. Restatement 3d Section 10. Mental Deficiency – Restatement 2d Section 283B • Unless the actor is a child with mental deficiency, insanity or other mental deficiencies do not relieve the actor from liability of not conforming to the standard of a reasonable man in like circumstances. Why? Hard to measure; hard to verify; not entirely obvious or visible to a third party. However, if it is a child who is mentally deficient, then you can raise the deficiency for the consideration of the court. Physical Deficiency – Restatement 2d Section
INTENTIONAL TORTS 3 2. Battery 3 3. Assault 3 4. Intentional Infliction of Emotional Distress 3 5. False Imprisonment 4 6. Trespass 4 6.1. Trespass to Land 4 6.2. Trespass to Chattels 4 6.3. Conversion 4
AFFIRMATIVE DEFENSES 5 7. Consent (Privilege) 5 8. Self Defense (Privilege) 5 8.1. Self-Defense by Force Not Threatening Death or Serious Bodily Harm 5 8.2. Self-Defense by Force Threatening Death or Serious Bodily Harm 6 9. Defense of Others 6 10. Defense of Property 6 11. Necessity (Privilege) 7 12. Discipline (page 93 in casebook) 7 13. Arrest and Crime Prevention (page 95 in casebook) 7 14. Shopkeeper’s Defense 7
NEGLIGENCE 8 15. Negligence 8 16. …show more content…
Related Cases 4. Other Information Children – Restatement 2d Section 283A • In order to determine if a child is behaving negligently, a child must conform to what a reasonable person of like, age, intelligence, and experience under like circumstances. • Adult Activity - An exception to this rule is when children engage in adult activities where adult qualifications are required. In this case he will be held to the standard of adult skill, knowledge, and competence required by the activity. No exception will be made for immaturity. • Age - Another exception to this is children under the age of 5 since they are incapable of comprehension. Restatement 3d Section 10. Mental Deficiency – Restatement 2d Section 283B • Unless the actor is a child with mental deficiency, insanity or other mental deficiencies do not relieve the actor from liability of not conforming to the standard of a reasonable man in like circumstances. Why? Hard to measure; hard to verify; not entirely obvious or visible to a third party. However, if it is a child who is mentally deficient, then you can raise the deficiency for the consideration of the court. Physical Deficiency – Restatement 2d Section