(1) Torts: Intentional Torts Flashcards
Types of Intentional Torts
- Intentional Torts to Persons
a. Assault
b. Battery
c. Intentional Infliction of Emotional Distress
d. False Imprisonment - Intentional Torts to Property
a. Trespass to Land
b. Trespass to Chattels
c. Conversion
Overall Rule - for all Intentional Torts:
Intentional Torts
Overview
Intentional tort actions require (1) a voluntary act; (2) committed with intent (either specific or general intent); AND (3) causation (“but for” causation or conduct was a substantial factor.
Specific Intent
Intentional Torts
Specific Intent exists when a person desires that his conduct cause the resulting circumstances.
General Intent
Intentional Torts
General Intent exists when a person is substantially certain that his conduct will cause the resulting circumstances.
Assault
Intentional Torts to Persons
(1) An affirmative act with; (2) Intent to place P; (3) In reasonable apprehension of an; (4) Imminent; (5) Harmful or offensive contact. (+causation)
What type of Cause is needed for Assault?
Assault
Actual cause - doesnt require physical harm to P
Damages
Assault
(a) Nominal Damages; (b) Compensation for resulting mental distress; (c) Punitive damages unless D has “mistake of fact” defense
Does P need to be aware of imminent contact?
Assault
YES, P needs to be aware/have knowledge of imminent contact or it is reasonable to expect imminent contact.
Does P need to be fearful of the contact?
Assault
NO, fear is not required just apprehension.
Is words enough to satisfy “contact” for Assault?
Assault
NO, words alone are not enough, need words and conduct. Need overt physical conduct, if wording is vague or lacks immediacy then does not apply.
Does the P need to prove harm?
Assault
NO, no proof of harm is required for Assault
Battery
Intentional Torts to Persons
(1) An affirmative act with; (2) Intent to bring about; (3) Contact with another; (4) Resulting in; (5) Harmful or Offensive Contact. (+ causation & damages)
Contact can be with P’s person or with an object connected to P’s person.
If the contact is harmful or offensive is judged by a reasonable person standard (brushing up against P is not enough).
Does intent to frighten satisfy the intent element under battery?
Battery
YES
Is someone acting in mere negligence enough to satisfy the intent element under battery?
Battery
NO
Does P need to be aware of contact coming?
Battery
NO, apprehension is not needed.
What type of cause is required for battery?
Battery
Actual cause - does not require physical harm to P.
Damages
Battery
(a) Nominal Damages; (b) Compensation for resulting mental distress; (c) Punitive damages unless D has “mistake of fact” defense.
Intentional Infliction of Emotional Distress
The D acted (1) Intentionally or recklessly; (2) D’s conduct was extreme and outrageous (conduct that transcends all bounds of decency); (3) D’s act caused severe emotional distress; AND (4) P actually suffered severe emotional distress.
Plus P must be present and D must know P is present at the time.
Special P & Special D
IIED
Special D – If D is a common carrier or innkeeper, an insulting remark can be “outrageous”
Special P – If P is a member of a fragile class and D knows (i.e., young kids, religion, pregnant, etc.)
Bystander Liability Rule
Intentional Infliction of Emotional Distres
D is liable if such conduct is directed at a 3rd party, and the D intentionally or recklessness causes severe emotional to (a) a member of such persons immediate family who is present at the time (no bodily harm needed) OR (b) to any other person present if the distress results in bodily harm.
Define Recklessly
IIED
An act is reckless if there is a deliberate disregard of a high risk that emotional distress will follow.
False Imprisonment
(1) Physical act or threat or omission by D that; (2) Confines or restrains P to a (3) Bounded area; (4) P is aware of confinement or is harmed by it; (5) Intent to confine; AND (6) Causation.
*P is not bound if there is a reasonable means of escape.
Can restrain be accomplished through threats?
False Imprisonment
YES, restraint can be accomplished through threats.
Damages
False Imprisonment
P is compensated for resulting losses including: (a) Physical and mental damages; (b) Special and consequential damages; or (c) Maybe punitive
Defense:
Shopkeepers Privilege
False Imprisonment Defense
D may detain suspected shoplifter for investigation if: (1) They temporarily detain for a reasonable duration; (2) a person reasonably suspected of theft; (3) in or near their store; (4) for the purpose of an investigation; AND (5) In a reasonable manner using non-deadly force;
Defense:
Citizen’s Arrest Privilege (Felony Rule)
False Imprisonment Defense
Usually regulated by statute, privileged if, (1) A felony has in fact been committed; AND (2) D reasonably believes the detainee is the one who did it.
Is mistaking the identity of a felon a defense to the citizens arrest privilege if used incorrectly?
NO, mistake of identity of felon is not a defense.
Citizen’s Arrest Privilege (Misdemeanor Rule)
False Imprisonment
The detainee must have (1) committed an act that constitutes a breach of the peace, (2) in the presence of the arresting citizen.
Trespass to Land
(1) Intent to enter/remain on land; (2) Physical invasion of P’s land by D or an object/person in D’s control or D remains on the land or D fails to remove an object from the land they have a duty to remove. (+causation)
Damages
Trespass to Land
Anyone in constructive possession of land may recover not just owner – Injunction, Diminution in value of the property or Cost to repair
Trespass to Chattels
(1) Intentional interference with another’s use and enjoyment of their personal property (includes damage or preventing a party from using the property) AND (2) the amount of damage is small.
Damages
Tresspass to Chattels
Liable for actual damages suffered – Diminished value, reasonable rental value, loss of use and/or Cost of repair.
Conversion
intentional substantial interference with the use and enjoyment of another’s personal property.
How does the court determine a substantial interference?
Conversion
The court will determine a substantial interference by examining the following factors: (a) Extent and duration of dominion/control; (b) intent to deprive the owner of possession; (c) the tortfeasor’s good faith; (d) extent and duration of resulting interference; (e) harm done to the chattel; and (f) inconvenience and expense caused.
Is mistaken property a defense for conversion?
NO
Damages
Conversion
Liable for Possession of property and/or fair market value of the property at the time of conversion (but not cost of replacement)
Transferred Intent
Under the doctrine of transferred intent, the intent to harm one party can be transferred when (1) the defendant had the intent to commit a tort against one particular individual; AND (2) if in the act of trying to accomplish that tort either (a) commits a different tort against that person or (b) another person is injured – whether by the intended tort or different resulting tort.
Which intentional torts does transferred intent not apply?
Transferred Intent
Transferred intent does not apply to the intentional torts of conversion or intentional infliction of emotional distress.
POPCANS
Defenses to Intentional Torts
- Privileges
- Defense of Others
- Defense of Property
- Consent
- Authority
- Necesity
- Self Defense
General Rule & Types
Privileges
Defenses
If there is reasonable belief danger is imminent and proposed conduct is reasonable (aka reasonable force). Also the Shopkeepers privilege and Citizens privilege to arrest applies here.
- Shopkeepers
- Citizens Arrest Felony/Misdemeanor
- Parental
- Educator
Parental Privilege
Defenses
May use reasonable force or impose reasonable confinement to discipline a child taking into account child’s age and gravity of the behavior.
Educator Privilege
Defenses
Educator has same privilege as parent unless parent places restrictions.
Majority and Minority Rule
Defense of Others
Defenses
D is not liable if (1) they reasonably believed the P was going to harm the Victim who has self-defense AND (2) only used force that was reasonably necessary.
*No unreasonable mistake allowed
Minority Rule: Reasonable mistake allowed.
General Rule/ Intial Aggressor /Duty to Retreat /Liability
Defense of Self
Rule: D uses force that is reasonably necessary to protect from imminent bodily harm.
D must not be the initial aggressor as the initial aggressor is not entitled to self-defense unless the other party has responded to nondeadly force with deadly force.
D has no duty to retreat or comply with threats.
D has no obligation to retreat before using deadly force (majority), however in a minority of states D has a duty to retreat before using deadly force.
Not liable for reasonable mistake of imminent danger
Not liable for accidental injury to 3rd parties (cannot be negligent).
Defense of Property
D uses force that is reasonably necessary to protect property from imminent harm. No deadly force is allowed.
a. Intrusion: May use reasonable force to stop unprivileged intrusion
b. Fresh Pursuit: May use reasonable force in fresh pursuit
c. Other dispossessions: Need to use the legal process to recover property
Rule:
Consent
Consent may be express or implied through words or conduct but must be knowing and voluntary (meaning no fraud, incapacity or duress). D’s actions cannot exceed the bounds of the consent given. Consent maybe withdrawn at any time.
Define Implied Consent
Consent
Implied Consent – D’s reasonable interpretation of P’s objectively observable conduct.
Define Apparent Consent
Consent
Apparent Consent – Words or conduct are reasonably understood to be intended as consent (such as with customary practice or failure to object)
Implied by Law Consent
Consent
Implied by Law Consent – Occurs under special circumstances such as medical emergencies.
Is consent by mistake valid?
Consent
YES, consent by mistake is valid unless the D caused the mistake or knew of it and took advantage of it.
General Rule & Types
Necessity
Defense of Property
D is not liable for harm to P’s real or personal property if D’s acts were (1) necessary (or reasonably appeared to be necessary), (2) to prevent serious harm to a person or property.
- Public Necessity
- Private Necessity
Public Necessity
D acts reasonably to protect public good or significant group of people, this is a complete defense.
Private Necessity
D acts reasonably necessary to protect his own or a smaller group of people’s property interest from serious injury. This is an incomplete defense as D is liable for actual damages and must pay for actual harm to P’s property (but never nominal or punitive damages).
*If the purpose of D’s acts were to help P then D is not liable.
Right of Sanctuary
Private Necessity
As long as an emergency continues, D is allowed to remain on P’s land in a position of safety (if P pushes D off, then P is liable for any harm that occurs to D).
