Torts Fill In the Blanks
Intentional
Intent:
(1) __________ acting to bring about a consequence
(2) Acting with _________ with _________ _________ that a consequence is certain to follow
(3) Theory of transferred Intent
a. Same _____ different _______
b. Same victim _________ ____
c. Different ___ Different _____
Battery:
(1) Act _________ to cause harmful or ________ bodily contact __
(2) Act _________ to cause _____ or ___________ of a harmful or ________ bodily contact
and,
(3) Plaintiff suffers harmful or ________ bodily contact
Assault
(1) Defendant acted intending to cause a _________ or _________ bodily contact or,
(2) Defendant acts intending to cause _____ or ___________ of an imminent bodily contact
and,
(3) Plaintiff suffers ____ or ________ of a bodily contact
Trespass to Land
(1) Defendant acts intending to _____ or _______ on the land of another without
_____________ or,
(2) Defendant acts intending to cause another ________ or _____ to enter or remain without
________ and,
(3) Defendant or another thing enters plaintiff’s land
False Imprisonment
(1)
(2)
(3)
(4)
Defendant acts intending to _______ another person and
Plaintiff is ______ and,
Plaintiff is ______ of the ___________ or,
Plaintiff is harmed by _____________
Trespass to Chattels
(1)
(2)
(3)
(4)
(5)
Defendant acts intending to intermeddle with the chattel of another and,
Intermeddle occurs, and
Chattel is ______ as to condition, ______, or _________ or,
Plaintiff is deprived of use for a ______________ period of time, or
The plaintiff or some other person or property in which the plaintiff has a _________
__________ _________ is damaged or harmed.
Conversion of Chattels
(1) Defendant acts intending to exercise _______ or control over the chattel of another, and
(2) Does so to the extent that completely ________ the plaintiff of the chattel.
Intentional Infliction of Emotional Distress
(1) Defendant acts intentionally or ____________ to cause severe __________ distress
(2) Defendant engages in __________ or _____________ conduct and
(3) Plaintiff suffers severe emotional distress as a result of defendants ______ and __________
conduct
a. Bystander
i. Special _________
ii. ___________ witness
Strict Liability
Trespassing Animals
(1) Defendant keeps __________ animals known to ______ and,
(2) One or more animals’ trespass onto plaintiff’s land, and
(3) By their trespass the animals cause damage to plaintiff’s land and/or injure someone.
Animals with Dangerous Tendency
(1) Defendant keeps animal with __________ ______ and,
(2) Defendant knows or ____ _________ to know of animals __________ _______ and
(3) Plaintiff gets injured because of __________ _______
Wild Animals
(1) Defendant keeps wild animal with some dangerous ___________, and
(2) Plaintiff gets injured because of the animals dangerous __________.
Abnormally Dangerous Activity
(1) Defendant engages in an activity that _____ significant _________ risk to others and,
(2) The risk cannot be eliminated by ____________ care, and
(3) The activity has social ________ such that we don’t want to _______ the defendant
________ from engaging in that activity,
(4) The activity is not _______ to the area where the defendant is _________ the activity,
(5) The plaintiff gets _________ __ ______ by that activity, and
(6) That harm is of the type that makes defendants activity dangerous
Product Liability
(1) Defendant _____________ or sells the product,
(2) Product needs to have a _______
(3) Plaintiff suffers harm or injury due to ______