1. Intentional Torts Flashcards
What are the five elements of Intentional Torts?
- A voluntary act;
- Intent;
- Causation;
- Harm;
- A Lack of a privilege or defense.
What is the Transferred Intent Doctrine?
The doctrine applies when a defendant’s intended actions against one party unintentionally harm another party, maintaining liability for the resulting tort.
What intentional torts does the Transferred Intent Doctrine apply to?
- Battery
- Assault
- False imprisonment
- Trespass to land
- Trespass to chattels
What is Battery?
An intentional act that causes a harmful or offensive contact with the plaintiff or with something closely connected to the plaintiff.
What must the defendant desire or know for Battery to occur?
- Desire to cause immediate harmful or offensive contact;
or
- Knows such contact is substantially certain to occur
When is the harmful contact element satisfied?
If the contact would inflict pain or impairment of any body function.
When is the offensive contact element satisfied?
If the contact is offensive to a reasonable person of ordinary sensibilities.
Thus, a battery claim can arise even if the plaintiff suffers no physical harm to her body.
Does the plaintiff have to be aware of the Battery?
No.
Is actual damages necessary for a successful battery claim?
No, the plaintiff can recover at least nominal damages.
What is Assault?
An intentional act that causes the plaintiff to experience a reasonable apprehension of an IMMINENT harmful or offensive contact.
The defendant must either:
- Act with the desire to cause an imminent harmful or offensive contact or the imminent apprehension of such contact; and
- Know that such a result is substantially certain to occur.
What is required for assault to be completed?
The defendant must have the apparent present physical ability to complete his threatened battery.
Words alone are not sufficient
Does a defendant’s lack of actual ability to cause harmful contact defeat liability for assault?
No, if the plaintiff’s apprehension is reasonable, the fact that the defendant lacked the actual ability to cause harmful or offensive contact does not defeat liability.
When is a person not liable for Assault?
When a reasonable person in the same position would not have experienced the same apprehension.
Is a threat to harm in the future considered assault?
No.
What is False Imprisonment?
An intentional act that causes a plaintiff;
- to be confined or restrained to a bounded area;
- against their will; and
- the plaintiff knows of the confinement or is injured thereby.
How does a defendant possess the requisite intent for false imprisonment?
- Desires to confine or restrain the plaintiff that defendant knows or should have known to be bounded area; or
- Knows that such confinement is virtually certain to occur
What are the means by which a plaintiff can be confined?
- Use of physical barriers
- Failing to release when legally required
- Invalid assertion of legal authority
Is there a required duration of confinement for false imprisonment?
No, a very brief confinement will suffice.
When is a plaintiff not confined in false imprisonment?
If there is a reasonable means of escape of which the plaintiff is actually aware.
When is a “means of escape” unreasonable for a plaintiff?
A means of escape is unreasonable if it exposes the plaintiff to:
- any threat of harm to his person or property; OR
- embarrassment, unreasonable discomfort, or requires him to be heroic.
When is a Plaintiff under no duty to Resist a defendant and there is no false imprisonment?
The plaintiff is under no duty to resist if the defendant uses or makes a credible threat to use physical force.
What is the Shopkeeper’s Privilege?
A defendant-shopkeeper is not liable for false imprisonment if:
- Has a reasonable suspicion that the plaintiff has stolen goods;
- Uses reasonable force to detain the person; and
- Detains the plaintiff for a reasonable period and in a reasonable manner, either on the premises or in the immediate vicinity.
What is Intentional Infliction of Emotional Distress (IIED)?
An intentional tort defined as the intentional or reckless infliction of severe emotional distress by extreme and outrageous conduct.
What must a plaintiff show to establish intent for IIED?
- Desired to cause emotional distress
- Knew with substantial certainty emotional distress would occur
- Recklessly disregarded the high probability of emotional distress
Is physical injury required for recovery of an IIED claim?
No.
How does a plaintiff prove severe mental distress?
- Severe distress exceeding what a reasonable person can endure
- The distress must be substantial, not trivial or fleeting
Is Offensive or Insulting Language considered outrageous conduct?
It depends. Offensive or insulting language is generally not considered outrageous, except in cases involving defendants who are common carriers or innkeepers, or plaintiffs with known sensitivity, such as the elderly, children, or pregnant persons.
Can a defendant’s conduct directed at a third party be IIED?
To recover damages in this situation, the plaintiff must prove that she:
(i) is in a close relationship with the person injured by the defendant;
(ii) was present at the scene of the injury; and
(iii) personally observed or perceived the event;
the defendant is aware of the presence of the third person
What is Trespass to Land?
An intentional tort that causes a physical invasion of the plaintiff’s actual possession or right to immediate possession of their land.
When is no trespass to land?
when the entry was accidental.
Is mistake a defense for Trespass to Land?
No. A person is liable for trespass if he enters another person’s land because of mistaken belief that it is his own, even if the mistake is completely understandable and reasonable.
How is the element of “physical invasion of the land” satisfied?
The element of physical invasion of the land is satisfied when a defendant:
- Enters onto the plaintiff’s land;
- Causes a third-person or object to enter onto plaintiff’s land;
- Enters onto the plaintiff’s land lawfully but then REMAINS when under a legal duty to leave;
- Fails to remove an object from the plaintiff’s land when under a legal duty to do so.
What does a plaintiff’s land include for Trespass to Land?
The area both above and beneath the surface.
What is Ejectment?
An action at law to recover possession of real property.
What are the three elements required for ejectment?
- Proof of legal title
- Proof of the plaintiff’s right to possession
- Wrong possession by the defendant
What happens if a Defendant mistakenly trespasses on property and makes improvements to the land?
Where the defendant mistakenly trespasses on or takes possession of the plaintiff’s property and makes improvement, the plaintiff is entitled to recover the property and need not compensate the defendant for these improvements.
This is true even though the defendant acted in good faith, believing that he had rightful possession of the property.
What is Trespass to Chattels?
An intentional act by the defendant that dispossesses or indirectly interferes with the plaintiff’s immediate possession or right to immediate possession of their chattel.
Is Mistake a defense for Trespass to Chattels?
No. A defendant is liable even though he did not intend or recognize the legal significance of his act.
What is a defendant’s liability for Damages for Trespass to Chattels?
Actual damages to the chattel itself are NOT necessary.
However, actual damages would include:
i.) value of loss of use of the chattel during possession; or
ii.) the cost to remedy an intermeddling.
What is Conversion?
An intentional act by a defendant that causes destruction of or intentionally exercises dominion and control over a plaintiff’s chattel.
Is mistake a defense for conversion?
No. The defendant is NOT relieved of liability for conversion because of a mistake of law or fact EXCEPT when such mistake was created by the plaintiff.
What are six acts classified as conversions?
- Wrongful acquisition
- Wrongful transfer
- Wrongful detention
- Loss, destruction, or severe damage
- Material alteration
- Significant misuse
What six factors determine the exercise of dominion and control over the chattel?
- Extent and duration of the defendant’s exercise of dominion
- Extent and duration of the resulting interference
- Defendant’s intent to assert a right inconsistent with the plaintiff’s right
- Defendant’s bad faith
- Harm done to chattel
- Inconvenience and expense caused to the plaintiff
How can a plaintiff recover under conversion?
The plaintiff may elect as damages either:
- Fair market value at the time of conversion, plus consequential losses;
- Replevin of the item, plus damages for wrongful retention
If a defendant offers to return the plaintiff’s chattel, what does this imply about conversion?
The offer to return does NOT alleviate the conversion, and the plaintiff does not have to accept the return.
Such an offer might be considered in mitigation of damages by a defendant who “innocently” converted the plaintiff’s chattel (e.g., the defendant unknowingly received property stolen from the plaintiff buy a third person).
What are the seven defenses/privileges to intentional torts?
The seven defenses/privileges are:
1. Privilege
2. Defense of others
3. Defense of property
4. Consent
5. Authority
6. Necessity
7. Self-defense
These defenses can mitigate or eliminate liability for intentional torts.
What must a defendant prove to establish the defense of privilege?
The defendant must prove:
* Existence of a privilege
* That the privilege was exercised reasonably under the circumstances
When does Privilege exist?
A privilege may exist where:
- The affected person consents;
- The defendant’s conduct protects a significant interest justifying the harm;
- The defendant’s actions are necessary for performing an essential function.
What is the Defense of Others?
A defendant is entitled to defend another person from an attack by the plaintiff to the same extent that the third person would be lawfully entitled to defend themselves.
What is the Reasonable Mistake Doctrine in the context of the Defense of Others?
Under the Reasonable Mistake Doctrine, a defendant is relieved of liability if a reasonable person would believe defending a third person was justified, even if the victim couldn’t assert self-defense.
NO Defense of Others
The defendant’s belief in the need to use force to defend another MUST at least be REASONABLE.
The defendant will not be able to invoke the defense of others defense if:
i.) defendant makes a negligent mistake about whether the third party is in physical danger (i.e., unreasonably believes the third party is in danger), or
ii.) whether the defendant’s proposed physical contact will help avoid danger.
His Mistake about the danger MUST BE REASONABLE!
What is the Defense of Property?
A defendant may use reasonable, non-deadly force to protect property if:
1. They first demand the plaintiff stop, unless it’s futile or dangerous
2. The force used is no more than necessary to prevent the harm
Can a defendant use indirect force in the Defense of Property?
No, a defendant may not indirectly use a greater degree of force than would be justified if they were acting personally against a plaintiff.
What is the Defense for Recapture of Chattels?
A defendant may use reasonable, non-deadly force to recover personal property if:
1. They first demand its return, unless futile or dangerous
2. They act with reasonable diligence to discover and recover the property.
When can a defendant enter land to recapture chattel?
The defendant may enter upon the land of the plaintiff, guilty third party, or innocent possessor to get back personal property at:
1. A reasonable time;
2. Accompanied in a reasonable manner.
Will a Defendant be held liable for actual damages by entry on the land to recapture chattel?
Yes. the defendant will be held liable for any actual damage such entry causes.
When is a Defendant not allowed to enter on a land to recapture chattel?
A defendant cannot enter an innocent party’s land to recover tortiously dispossessed property if the property is there due to the defendant’s fault.
What happens if a defendant mistakenly believes they were tortiously dispossessed?
A defendant cannot claim the defense of recovery of property if mistaken, even reasonably, about being tortiously dispossessed by the plaintiff.
What is the defense of Consent?
A defendant is not liable for an intentional tort if the plaintiff consented to the act.
What constitutes effective consent?
Effective consent requires:
1. The consent MUST be effective
2. The defendant MUST NOT exceed the scope of the consent(if so, will be liable for damages)
What are the six defenses a plaintiff can make to a defendant’s assertion of consent?
A plaintiff can show the following five defense to show consent is ineffective and will not operate as a defense:
- Mistake
- Fraud
- Duress
- Incapacity
- Violation of Criminal Statute
- Defendant’s conduct substantially exceeds the scope of plaintiff’s consent
When is consent ineffective due to mistake?
Consent is NOT effective if:
1. It results from a mistake about the nature or consequences of the defendant’s act
2. The defendant is aware of the mistake.
When is consent ineffective due to fraud?
Consent is NOT effective if induced by the defendant’s intentional deceit about the essential nature or consequences of the act.
What is the Defense of Authority?
A police officer can assert the privilege of authority when making an arrest with a warrant, valid or invalid, if their mistake about the person’s identity was reasonable.
What is the Defense of Public Necessity?
A defendant incurs no liability for property damage if acting out of public necessity to avert a severe public disaster, based on a reasonable belief.
What is the Defense of Private Necessity?
A defendant protecting private interests is justified if the avoided harm is much greater than the resulting harm, but they are liable for actual property damage.
What are the damages for private necessity?
pay for the actual harm caused and NOT for entering or using the property.
What is the Rule for Private Necessity in Trespass to Land Cases?
In trespass cases, private necessity allows a defendant to violate property rights to prevent substantial harm. The defense applies if a reasonable person would see the action as necessary, even if mistaken.
Does a person trespassing another’s land during an emergency have a private necessity privilege?
Yes. A person trespassing another’s land during an emergency has a private necessity privilege that lasts until the emergency has ended.
Does a landowner have a right to forcibly expel a trespasser or their land when the trespasser was driven by necessity to trespass on his land?
No. A landowner has no right to forcibly expel a trespasser or a trespasser’s property when the trespasser was driven by necessity to trespass on his land, and the landowner is liable for any damage to property of the trespasser that results from an expulsion.
What is Self-Defense?
A defendant can claim self-defense against an intentional tort if they used reasonable force to prevent an imminent, unprivileged attack, based on a reasonable belief of threat.
What five instances do not allow a defendant to successfully assert self-defense?
A defendant cannot claim self-defense if they:
* Use excessive force
* React to a threat that is not imminent
* Respond to privileged conduct by the plaintiff
* Fail to correct a mistaken identity in time to prevent the attack
* Deliberately and unreasonably harm innocent third parties while defending themselves
