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Torts > II. Intentional Torts > Flashcards

II. Intentional Torts Flashcards

1
Q

Plaintiff’s Super Sensitivities

A
  • Not to be taken into account unles D knows of them in advance
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2
Q

Who can be liabile for intentional torts

A
  • Everybody!
  • In GA, children under age of 13 are statutorily immune from tort liability
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3
Q

What constitutes intent to act?

A
  • Intends consequences of action if it was
    • 1) her prupose to bring about the consequence OR
    • 2) she was substnatially certain that the consequence would result
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4
Q

Transferred Intent

A
  • Intent can trasnfer from intended victim to actual victim
  • Intent can also transfer from intended tort to the actual tort
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5
Q

Battery: Prima Facie

A
  1. Harmful or offensive contact
  2. W/ the person of plaintiff
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6
Q

Battery: Harmful or Offensive Contact

A
  • Harmful: easy
  • Offensive: substitute the word unpermitted
    • do not take super sensitivies into account unless D knew of them
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7
Q

Battery: A plaintiff’s person

A
  • anything connected with the plaintiff will suffice
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8
Q

Assault: Prima Facie

A
  1. Apprehension of
  2. Immediate battery
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9
Q

Assault: Apprehension

A
  • Apprehension must be reasonable (e.g. someone reaches for wallet when speaking to you casually, reasonable person would not think they’re reaching for a gun)
  • Apprehension does not mean fear or intimidation (weakling can still cause apprehension in large man)
  • Apparent ability creates reasonable apprehension (unloaded gun aimed at you still apprehension)
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10
Q

Assault: Immediacy

A
  • Words alone are not enough–must be some action
  • Words coupled with conduct can be enough
    • (say i’m going punch you and shake hands at them)
  • Words coupled with conduct can undue the immediacy
    • (shake fist while saying if i weren’t your bf i would punch you)
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11
Q

False Imprisonment: Prima Facie

A
  1. Sufficient Act of Restraint
  2. Within a bounded area

Distinguished from false arrest or malicious prosecution

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12
Q

False Imprisonment: Sufficient Act of Restraint

A
  • Threats not enough
  • Inaction is enough if there is understanding that defendant could act
    • take someone to stranded island and provide them no means to get back
  • Must be aware of confinement
  • Length-of-time is irrelevant
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13
Q

False Imprisonment: Bounded Area

A
  • a mere inconvience is not enough
    • barricades you must walk around
  • Not bounded if there is a reasonble means of execape of which P is aware
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14
Q

False Imprisonment: Shoplifting Detnetions

A

by statute, GA shopkeeper may detain a person fro a reaonable amoutn of time upon a resaonble suspicion of shoplifting

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15
Q

Intentional Infliction of Emotional Distress: Prima Facie

A

Fall back position when other tort theories do not work

  1. Defendant conduct is outrageous
  2. Phsyical manifestations of the distress
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16
Q

Intentional Infliction of Emotional Distress: Outrageous Conduct

A
  • Continuous conduct may rise to level of outrage if it’s repeated often enough
  • Type of Plaintiff: young children, elergly, pregant woman
    • super sensitivies not to be taken into account unless D knew; these types you know of sensitivies on face
  • Types of Defendant to avoid emotional distress: Common carriers, inkeepers, professional or confidential relationship (must be patient/client of D or business invitee)
17
Q

Intentional Infliction of Emotional Distress: Damage

A

Proof of Severe emotional distress

18
Q

Intentional Infliction of Emotional Distress: Intent

A
  • Recklessness can suffice
  • Transferred INtent is normally unavailable
19
Q

INtentional Torts to Property

A
  1. Trespass to Land
  2. Traspass to Chattels and Conversion
20
Q

Trespass to Land: Prima Facie

A
  1. ACt of physical invasion
  2. To land or poperty
21
Q

Trespass to Land: Act of physical invasion

A
  • no need to show knowledge of crossing property line
  • propelling a physcial object onto property is sufficient
22
Q

Trespass to Land: Land or Real Property

A
  • includes airspace above and the subsurface below so long as the owner could reasonable use the space
  • means plane flying high overhead is okay but ball thrown across yard not (damages might be nominal though)
23
Q

Trespass to Chattels and Conversion: Prima Facie

A
  1. Act of physical invasion
  2. To personal property

Torts (14 decks)

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