1. Intentional Torts Flashcards
INTENTIONAL TORT:
Transferred intent doctrine
- What is it?
- Applies only to:
D acts with the intent to commit a tort but:
- Commits it against a different person than intended,
- Commits a different tort than intended or
- Both
* Applies only to (BAFT): assault, battery, false imprisonment, trespass to land or chattel
INTENTIONAL TORT:
Assault
- Act by D that creates a REASONABLE APPREHENSION in P
- Of immediate harmful or offensive contact to P’s person
♣ word or threats of future battery are usually insufficient unless coupled with some overt act - Intent
- Causation
INTENTIONAL TORT:
Battery
- Harmful or offensive contact by D
♣ Reasonable person standard - To P’s person
♣ Includes anything connected to P’s person - Intent
4 Causation
♣ Indirect contact is sufficient (e.g. greasing floor so P slips/falls)
INTENTIONAL TORT:
False Imprisonment (4)
- Act (or omission) by D resulting in P’s restrain or confinement
- To a bounded area
- Intent
- Causation
SHOPKEEPERS PRIVILEGE
- Reasonable cause that theft occurred
- Detains suspect for only a reasonable period
- Detention is reasonable; only non-deadly force allowed
INTENTIONAL TORT:
- Trespass to Land
- Are damages required?
- Physical invasion of P’s real property by D
♣ Real property includes surface space, airspace and subterranean space to a reasonable distance.
♣ Invasion by light, sound, smell are not trespass. - Intent
- Causation
* Damages are not required compared to to trespass to chattel/conversion.
INTENTIONAL TORT:
Trespass to Chattel & Conversion
- D interferes with P’s right of possession in tangible personal property (chattel)
♣ Trespass: minor interference or damage
♣ Conversion: significant interference - Intent
- Causation
- Damages
♣ Trespass: P can recover cost of repair/rental value
♣ Conversion: P can recover full market value at the time of conversion or repossess the chattel (replevin)
INTENTIONAL TORT:
Intentional Infliction of Emotional Distress
- Extreme and outrageous conduct by D
♣ Conduct that exceeds the bounds of decency in society. Mere insults alone are insufficient.
♣ Non-outrageous conduct may be actionable if:
• D targets P’s known sensitivity or weakness,
• Conduct is continuous or repretitive
• Targets member of “fragile class” (e.g. elderly, kids, pregnant woman)
• D is a common carrier or innkeeper - Severe emotional distress in P
- Intent or recklessness
♣ Recklessness: D disregards the likely consequences of his acts - Causation
INTENTIONAL TORT:
Bystander Claims for Emotional Distress (5)
- D conduct seriously injured or killed a 3rd person
- P is closely related to the injured person
- P was present when the injury occurred
- D knew element 2 and 3
- P suffers severe emotional distress
INTENTIONAL TORT:
Defense –> Consent
Define:
Capacity requirement:
Express vs. Implied Consent:
♣ Defense to all intentional torts
♣ Capacity requirement: P must be capable of consenting
• (e.g. drunks, mentally impaired and young children are incapable of consenting to tortious conduct unlike the intent requirement in intentional torts where they a deemed able to intend).
♣ (majority view finds that one cannot consent to a criminal act)
EXPRESS CONSENT
♣ Nullified by duress, fraud or mistake
♣ P gives D verbal or written consent
IMPLIED CONSENT
♣ D can reasonably infer P’s consent based on custom or P’s observable conduct. (e.g. tackle football)
INTENTIONAL TORT:
Defense –>
Requirement for all defenses
- Self-defense
- Defenses of others
- Defense of property
Requirements for all defenses (Be The Force):
♣ 1. Reasonable belief
• D must reasonably believe a tort is being or about to be committed
♣ 2. Proper timing
• tort must be in progress or imminent
♣ 3. Reasonable force
• must be proportionate to threat of harm
Self-defense
♣ No duty to retreat
♣ Only available to initial aggressor if D responds to non-deadly force with deadly force.
Defense to others
♣ D must have REASONABLE belief that the person he is aiding would have the right of self-defense.
Defense of property
♣ Unavailable if initial actor had a privilege to enter land
♣ Reasonable mistake only allowed as to whether an intrusion occurred, not whether priviledge existed
♣ D must request that interference stop before using force unless doing so would be futile or dangerous
INTENTIONAL TORT:
Defense –> Recapture of Chattels
♣ D-owner must make a timely demand for return of chattel (Exception: not required if making demand would be futile or dangerous).
♣ D-owner may recapture from original wrongdoer or a 3rd person who knows the chattel was wrongfully obtained.
• Recapture is not available if chattel is in the hands of an innocent party.
INTENTIONAL TORT:
Defense –> Necessity
Requirement:
♣ 1. D’s interference with P’s property must be reasonably necessary to avoid an immediate threatened injury
♣ 2. Threatened injury must be more serious than the interference undertaken to avert it.
INTENTIONAL TORT:
Public necessity vs. Private necessity
PUBLIC NECESSITY: absolute defense
♣ D’s invasion of P’s property must be reasonably necessary to protect the community or a larger group of people.
♣ P cannot recover any damages.
PRIVATE NECESSITY: Limited defense
♣ D invades P’s property to protect an individual or small group
♣ P can recover actual damages but not punitive or nominal damages
INTENTIONAL TORT
3 Parts:
(CIA)
- Act by D
- Intent
- Causation
INTENTIONAL TORT:
Trespass to Land: Must be a ________ invasion?
Must be a physical invasion.
Invasion by light, sound, smell are not trespass (but may give rise to nuisance).
