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UBE - Torts > 13. Intentional Torts > Flashcards

13. Intentional Torts Flashcards

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1
Q

What is required for a prima facie case for intentional tort liability?

A

(Burden of proof => Plaintiff)

1) D’s act
- Volitional movement on D’s part (D’s will)

2) D’s intent
- Specific (D’s purpose is to bring about these consequences)
- General (D knows with substantial certainty that the consequences will result)
- NO need to intend for injury to occur (as long as D’s intent caused harmful result)

3) Causation
- D’s conduct is ‘substantial factor’ in resulting injury (almost always is)

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2
Q

What is the rule for transferred intent?

A

1) D’s intent to commit tort A vs X => Transferred to;
- D’s committing tort A vs Y
- D’s committing tort B vs X
- D’s committing tort B vs Y

2) BOTH torts are;
- Assault
- Battery
- False imprisonment
- Trespass to land
- Trespass to chattel
- NOT conversion
- NOT IIED

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3
Q

What is required for battery?

A

1) Contact
- Harmful (actual injury/disfigurement)
- Offensive (NO consent implied from reasonable person based on P’s conduct/circumstances, e.g. saving pedestrian from car accident, whether safe to do so)
- Offensive (embarassment)
- NO P’s awareness required

2) With P’s person
- P’s body
- Anything connected to P’s body
- Create situation likely to harm P
- NOT animals

3) Intent

4) Causation
- Direct
- Indirect (D’s act sets in motion a force that brings about harmful/offensive contact)

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4
Q

What is the difference between battery and assault?

A

Battery
- NO apprehension required

Assault
- Apprehension required

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5
Q

What is the difference between intentional torts to person and negligence in terms of damages?

A

Intentional torts to person

  • NO damages required (UNLESS IIED)
  • Nominal damages recoverable (UNLESS IIED)
  • Punitive damages recoverable (D’s malice)

Negligence

  • Damages required
  • NO nominal damages recoverable
  • NO punitive damages recoverable
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6
Q

What is the difference between intentional torts to the person and IIED?

A

Battery/Assault/False imprisonment

  • Intent required
  • Nominal damages
  • Punitive damages

IIED

  • Intent/Recklessness required
  • Actual damages (for severe emotional distress)
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7
Q

What is required for assault?

A

1) D’s act created ‘reasonable’ apprehension in P
- NOT exaggerated fears of contact
- Knowledge of assault required (unlike battery)
- NO knowledge of D’s identity required
- D’s apparent ability to commit battery
- Words + Overt act (otherwise words alone can negate assault)

2) ‘Immediate’ harmful/offensive contact
- NOT unloaded gun + awareness of unloaded gun

3) Intent

4) Causation
- Direct/Indirect

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8
Q

What is required for false imprisonment?

A

1) D’s act/omission confines/restrains P to ‘bounded’ area
- D’s physical barriers
- D’s physical force vs P/P’s family/P’s property
- D’s direct/indirect (reasonable) threat of force vs P/P’s family/P’s property
- D’s failure to release P when under legal affirmative duty to do so
- D’s invalid use of legal authority (false arrest)
- NOT moral pressure

2) Bounded area
- P’s freedom of movement is limited in ALL directions
- NO reasonable means of escape + Known to P
- OTHERWISE shoplifer’s privilege allowed

3) Intent

4) Causation
- Direct
- Indirect

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9
Q

Does the length of time of false imprisonment matter?

A

No

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10
Q

Must Plaintiff resist physical force used in false imprisonment?

A

No

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11
Q

What is required for intentional infliction of emotional distress?

A

1) Extreme + Outrageous conduct
- Transcends all bounds of decency tolerated by society
- NO physical injury

2) Either;
- Intent
- Recklessness

3) Actual damages (unlike other intent torts to persons)
- ‘Severe’ emotional distress (More outrageous; Less damages required)
- NO physical injury required

4) Causation
- Actual: Plaintiff
- Proximate: Bystander case

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12
Q

What are examples of extreme and outrageous conduct?

A

Extreme business conduct
- Continuous methods of bill collection

Misuse of authority
- School threats/bullying

Offensive/Insulting language

  • P has special relationship with D
  • D knows of P’s sensitivity

Common carrier/inkeeper’s conduct vs P (patron)

Known sensitivites

  • Children
  • Pregnant women
  • Elderly people
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13
Q

What is required for TP bystander to suffer emotional distress?

A

D’s purpose to cause distress

D had NO purpose to cause distress

1) TP was present at scene of injury
2) TP is close relative of P
3) D’s knowledge of (1) + (2)

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14
Q

What is the difference between negligent and intentional infliction of emotional distress?

A

NIED

  • P’s personal observation
  • Emotional distress

IIED

  • D’s knowledge of P’s presence + close relation
  • Severe emotional distress
  • Extreme + Outrageous conduct
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15
Q

What is required for trespass to land?

A

1) D’s physical invasion
- By D’s person/object
- NOT intangible objects (Nuisance)

2) P’s real property
- Below/Surface/Above

3) Intent
- Knowledge with substantial certainty of objects entering the land (NOT intent to trespass)
- D’s mental state NOT relevant

4) Causation
- NO damage required

5) Plaintiff (with possession)
- Actual owner
- Constructive owner (hold-over tenant)
- Lessee (recover to extent of damage to lease)

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16
Q

What is the difference between the intentional torts to property?

A

Trespass to land
- NO damage required

Trespass to chattel/Conversion
- Damage required

17
Q

What is the difference between intentional and negligent trespass over property in terms of damage?

A

Intentional trespass
- NO damage required

Negligent trespass
- Damage required

18
Q

What is required for trespass to chattel?

A

1) D’s interference (less serious than conversion)
- Intermeddling (direct damage)
- Dispossession (deprive P’s right)

2) P’s right of possession in chattel

3) Intent
- Cause interference (NOT trespass)
- D’s mistake of chattel NOT relevant

4) Causation

5) Damages
- Unlike trespass to property
- Cost of repair < 50% of fair market value

19
Q

What remedies are available for trespass to chattel?

A

Direct damage/Loss of use
- Actual damages

Dispossession
- Damages (rental value)

20
Q

What is required for conversion?

A

1) D’s interference (more serious than chattel trespass; longer period of interference)
- Wrongful acquisition (theft/embezzlement)
- Wrongful transfer (sale/misdelivery)
- Wrongful detention (refuse to return)
- Substantial change
- Severe damage/destruction
- Misuse of chattel

2) P’s right of possession in chattel
- Tangibles
- Intangibles reduced to physical form (promissory notes)

3) Intent
- Cause interference (NOT trespass)
- Includes BFP
- D’s mistake of chattel NOT relevant

4) Causation

5) Damages
- Unlike trespass to property
- Cost of repair > 50% of fair market value

6) Plaintiff
- Actual owner (title)
- Immediate right to possession
- NOT constructive owner (theft) => Otherwise must reimburse Actual owner of damages recovered

21
Q

What remedies are available for conversion?

A

Damages
- Fair market value (at time of conversion)

Replevin
- Return of chattel

22
Q

What is the difference between trespass to chattel and conversion?

A

Trespass to chattel

  • Less serious interference (damages < 50% of fair market value)
  • Remedies: Actual damages/Rental value for dispossession

Conversion

  • More serious interference (damages > 50% of fair market value)
  • Remedies: Replevin/Fair market value at time of conversion
23
Q

What is required for consent?

A

1) Valid consent (capacity)
- Express (NO known mistake by D/NO fraudulent inducement NOT re collateral matter/NO immediate duress)
- Implied (Apparent consent that reasonable person would infer from P’s conduct or custom/Consent implied by law like emergencies)

2) Not exceed scope of consent
- Not to do something substantially different

3) NOT criminal act
- Consent NOT applicable to crimes (majority view)

24
Q

What is required for self-defence?

A

1) D reasonably believes/mistaken that he will be attacked
- UNLESS duty to retreat ‘safely’ (NOT from D’s own dwelling)
- UNLESS D is initial aggressor (NOT D using non-deadly force then P using deadly force)
- UNLESS injures TP bystander ‘intentionally’ (liable to TP)

2) D may use force as ‘reasonably necessary’ as it appears to prevent harm
- If serious injury likely => Can commit death/serious bodily injury

3) To prevent commission of tort
- NOT already committed tort (NO retaliation allowed)

25
Q

What is required for defence of others?

A

1) D reasonably believes/mistaken that aided person had right to self-defence
- Even if aided person was initial aggressor

2) D may use ‘as much force’ as he could have in self-defence

26
Q

What is required for defence of property?

A

Request P to desist/leave first
- NOT clearly futile/dangerous to D

Use force vs P

1) Clearly futile/dangerous to D
2) Either;
- Reasonable force
- Deadly force (if invasion of property involves serious threat of bodily harm)
3) To prevent tort commission (NOT already committed)
4) D’s real/personal property
5) ) Reasonable mistake as to;
- Intrusion
- Request to desist/leave
- Privilege (right of re-entry/necessity) > Supersedes defence of property

27
Q

What is required for re-entry onto land?

A

Ejectment (modern view) => Recover possession of land

- NOT self-help (common law) => Rejected

28
Q

What is required for recapture of chattels?

A

1) ‘Timely’ deemed
- UNLESS clearly futile/dangerous

2) Recovery from wrongdoer
- Tortfeasor
- TP with knowledge of tort
- NOT innocent party

3) Entry on land to remove chattel
- Wrongdoer’s land
- Innocent party’s land ((1) Refuses to return; (2) Reasonable time; and (3) Peaceful manner)

4) Reasonable force to recapture chattels
- NOT cause death/serious bodily harm

29
Q

What is required for shoplifting detention/privilege to detain shoplifters?

A

1) Reasonable belief as to theft

2) Reasonable manner
- Non-deadly force

3) Reasonable period of time

4) Investigative purposes
- OTHERWISE false imprisonment

30
Q

What is required for privilege of arrest?

A

Felony arrest (by police)

1) Felony committed (reasonable belief)
2) Arrestee committed felony (reasonable belief)
3) Reasonably necessary force/Deadly force (potential serious harm)

Felony arrest (by citizen)

1) Felony committed (NO reasonable belief)
2) Arrestee committed felony (reasonable belief)
3) Reasonably necessary force/Deadly force (potential serious harm)

Misdemeanor arrest (by police/citizen)

1) Breach of the peace
2) Misdemeanor takes place in presence of D
3) Reasonable necessary force (NO deadly force)

31
Q

What is required for necessity?

A

1) Trespass/Conversion
2) Reasonably + apparently necessary to avoid threatened injury from ‘natural’ force
3) Threatened injury is substantially more serious than necessity

4) Either;
- Public necessity (Protect public good)
- Private necessity (Protect limited number of people)

32
Q

What is required for discipline?

A

1) Reasonable force
2) By Parent/Teacher

3) On Children
- Age + sex
- Seriousness of their behaviour

33
Q

What is the difference between private nuisance and trespass to land?

A

Private nuisance
- Possession (Tenant)

Trespass to land
- Ownership (Landlord)

34
Q

Can landowner use force if trespasser enters land by necessity?

A

NO

- Trespasser’s privilege (Necessity) > Landowner’s defence of property

35
Q

When may defendant be liable for damages caused by necessity?

A 
Qualified privilege (liability)
- Protecting D (himself)

NOT absolute privilege (NO liability)
- Protecting P (landowner)

36
Q

Are children/mentally incompetent persons liable for intentional torts?

A

Yes

- Knowledge of harmful result required

UBE - Torts (18 decks)

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