1. Intentional Torts Flashcards
Should the Extreme or hypersensitivity of a P be recognized in determining if that P has a valid claim?
No. Always assume you’re dealing with a normal person with normal sensitivity.
Can a D assert incapacity as a defense to an intentional tort claim?
No. There are no incapacity defenses in the world of intentional torts
When does a person act intentionally?
A person acts intentionally when they desire to produce the legally forbidden outcome
What is Transferred Intent?
The D wants to produce a legally forbidden consequence to a specific party, but a different consequence to a different party occurs. It is treated as an intentional tort.
What are the elements for Battery?
- Intent
- The D must commit a harmful or offensive contact
- That contact must be with the Plaintiff’s person.
What is Offensive Contact?
A contact is offensive if it would not be permitted by a person with reasonable sensitivity.
What is considered the Plaintiff’s Person?
The Plaintiff or anything that the Plaintiff is touching or holding.
Must a Battery occur instantaneously?
No.
Ex: Poisoning a sandwich, causing another to become ill.
What are the elements of Assault
- Intent
- The D places the P in reasonable apprehension
- of an immediate battery
What is apprehension?
Knowledge (NOT FEAR)
What if the D engages in some kind of menacing gesture, and the P believes that there is imminent harm, but in reality it is a bluff and there is no actual threat of imminent harm?
Ask whether it would be reasonable to assume that a battery could be completed.
Can words alone create a cause of action for assault?
No. You need, in addition to words, conduct (a menacing gesture)
Can words negate immediacy?
If the D says something, you must give it its natural effect.
What are the elements of False Imprisonment?
- Intent
- The D commits an act of restraint
- The P is confined in a bounded area
Can threats be considered an act of restraint?
Yes, HOWEVER, this has to be a threat that would operate on the mind of a person with reasonable sensibility.
Can an omission be an act of restraint?
Yes. A failure can be an act of restraint if the D owed a duty to the P. Ex: someone leaves a person in a wheelchair in an area they can’t get out of.
When is an area not considered “bounded?”
An area is not bounded, if there is a reasonable means of escape, that the P can reasonably discover.
If the space is not perfectly sealed up, but the way out will be dangerous, disgusting, or humiliating, is it still considered a bounded area?
Yes, because these are not considered reasonable means of escape.
What are the elements of Intentional Infliction of Emotional Distress?
- Intentional or recklessly
- The D must engage in outrageous conduct,
- The P must suffer severe distress.
What is considered “Outrageous Conduct?”
Conduct which exceeds all bounds of decency tolerated in a civilized society.
Are mere insults considered “outrageous Conduct?”
No. Even if done with the goal of distressing the person
Four Hallmarks of Outrageousness
- The conduct is continuous or repetitive
- If the D is a common carrier or an innkeeper — They are under a duty to behave with courtesy.
- The P is a member of a fragile class of persons
- Defendant has an awareness of a known emotional sensitivity, and the D deliberately targets it.
What are considered fragile classes of persons?
- Children
- Very elderly people
- Pregnant women (D must know she is pregnant)
Who bears the burden of proving Severe distress in an IIED case?
The Plaintiff has to prove severe distress, but there is no particular evidence or symptoms required.
What are the elements for a Trespass to Land?
- Intent
- A physical invasion
- A possession of land
What are the ways to satisfy the physical invasion element for Trespass to Land?
- If the D enters the property
2. If the D throws something onto the property
Must a D know that he is entering onto another’s property to satisfy the element of physical invasion for a Trespass to Land?
No.
Must D’s entrance be voluntary to satisfy the element of physical invasion for a Trespass to Land?
Yes.
What is required if D throws something onto another property to satisfy the element of physical invasion for a Trespass to Land?
The thing thrown onto the land has to be tangible in nature.
Ex: Sound waves, light beams, bad odors do not count
If a D trespasses onto land owned by a landlord, but rented by a renter, who has a cause of action against D?
The cause of action applies to the possessor of the land, not the owner of the land (renter, not the land lord)
What is the extent of P’s right of possession of land?
P’s right to possession applies to the air above, and the soil below, to a reasonable extent. Ex: Airplanes do not trespass, but if a boy throws a ball through the air, then it was a trespass.
What is considered Personal Property?
Any thing one might own besides real property
When is a Trespass to Chattels cause of action appropriate?
If the interference is relatively modest (ex: keying a car)
When is a Conversion cause of action appropriate?
If the interference is severe (ex: taking a sledge hammer to a car)
What are the damages for a Trespass to Chattels?
The cost of repair
What are the damages for a Conversion?
The full market value of the item (conversion operates as a forced sale)
What is required for a person to give consent?
Capacity
What is Express Consent?
Explicit words authorizing the D to behave in a way that would otherwise be abhorrent.
What is the exception to the affirmative defense of Express Consent?
Express consent is ignored and will not prevent recovery if it was obtained through fraud or duress.
What is implied Consent from Custom or Usage?
If a P goes to a place or engages in an activity where invasions are routine, it is assumed he consented to the invasion (Ex: going to a barber shop, playing a sport, etc.)
What is Implied Consent based on D’s Reasonable Interpretation of P’s Objective Conduct?
D is entitled to factor in everything that is visible and knowable at the time. (Ex: Kissing when appropriate)
What are the three kinds of protected privileges?
- Self Defense
- Defense of others
- Defense of property
What is the timing requirement for a protected privilege defense?
The threat must be in progress or imminent, when the D acts. D cannot act once the threat is over.
What is the reasonability requirement for a protected privilege defense?
The D must demonstrate a reasonable belief that the threat is genuine. (A reasonable mistake does not destroy the privilege)
What amount of force may a D use under a protected privilege defense?
D may use the amount of force necessary and proportionate to repel the attack, but if they use more than that they will be held liable. (This includes deadly force if necessary, though never proportional in the defense of property)
What is the public necessity defense?
It arrises when a D invades P’s property in an emergency to protect the community as a whole, or a significant group of property.
What damages must the D pay when he acts in accordance with the Public Necessity defense?
This is an ABSOLUTE DEFENSE, meaning the D pays nothing. (we don’t want the D to hesitate when deciding whether to save the community)
What is the private necessity defense?
It arrises when a D interferes with P’s property to protect an interest of his own.
What damages must the D pay when he acts in accordance with the Private Necessity defense?
This is a LIMITED DEFENSE, meaning that:
- D must pay compensatory damages (pays for harm done)
- D is not liable for punitive or nominative damages
If the P is a landowner, and D has come on the land to take refuge during an emergency, may P throw him off the land?
No. (Right of Sanctuary)
