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Torts > Inentional Torts > Flashcards

Inentional Torts Flashcards

1
Q

PFC for Intentional Torts

A
  1. Act by the Defendent
  2. Intent
  3. Causation
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2
Q

General Principles of Intentional Torts

A
  • In determining if P has a COA - ignore his hypersensitivities, assume you are dealing with someone of ordinary sensitivity
  • For intentional torts, there are no incapacity defenses
  • All of these intentional torts HAVE the element of INTENT
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3
Q

Definition of Intent

A

Intent = acting on a desire to produce the legally forbidden consequence

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4
Q

An act by a defenent, what is required is:

A

Volitional movement by D

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5
Q

Types of Intent

A
  1. General
  2. Specific
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6
Q

General Intent

A

actor knows with substantial certainty that these consequences will result

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7
Q

Specific Intent

A

purpose in acting is to bring about the specific consequence

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8
Q

Rule for Causation in the PFC for intentional Torts

A
  • Result must have been legally caused by the D or something set in motion by him
  • Causation is satisfied when Ds conduct was a substantial factor in bringing about the injury
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9
Q

Intentional Torts

A
  1. Battery
  2. Assault
  3. False Imprisonment
  4. Intentional Infliction of Emotional Distress
  5. Trespass to Lands
  6. Trespass to Chattels
  7. Conversion
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10
Q

Transferred Intent may be invoked in which intentional torts?

A
  1. Battery
  2. Assault
  3. False Imprisonment
  4. Trespass to Lands
  5. Trespass to Chattels
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11
Q

Battery

A
  1. Harmful or Offensive Contact
  2. to Plaintiff’s person
  3. Intent; and
  4. Causation

Damages not Required

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12
Q

Harmful Contact Standard

A

Contact causes actual injury, pain or disfigurement

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13
Q

Offensive Contact Standard

A
  • An offensive contact is an unpermitted contact by an ordinary person (ignore hypersensitivities)
    • Ex: Groping, harassment, sexual harassment, or any not normal shit etc.
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14
Q

Contact for Harmful or Offensive Contact

A
  • Consent is a defense and will be implied for ordinary contacts of everyday life
  • Contact can be direct (striking) or indirect (setting traps)
  • Contact does not have to be instantaneous for battery
    • Ex: Poisoning
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15
Q

Plaintiff’s Person

A

Includes anything the P is holding or touching - anything connected to the P

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16
Q

Damages for Battery

A
  • P can recover nominal damages even if actual damages are not proven
  • P may recover punitive damages for malicious conduct
17
Q

Assault

A
  1. D must place the P in a reasonable apprehension
  2. That apprehension must be of an immediate harmful or offensive contact
  3. Intent; and
  4. Causation

Damages not Required

18
Q

Apprehension

A
  • Apprehension = knowledge (not fear)
  • P must be able to see it coming
  • P does not have to have been afraid, nervous, or scared - just aware
19
Q

Apprehension of an IMMEDIATE HARMFUL OR OFFENSIVE CONDUCT

A
  • Words alone lack immediacy, there must be conduct (talk is cheap)
    • Conduct must be a menacing gesture
      • Ex: brandishing a weapon or shaking a fist in someone’s face
  • Apparent Ability to commit a battery is sufficient
  • Even when there is threatening conduct, words can negate immediacy
    • Conditional Preface: “if you weren’t my best friend, I would beat the crap out of you”
    • Words in future tense: “I’m going to get you tomorrow”
20
Q

Damages for Assault

A
  • P can recover nominal damages even if actual damages are not proven
  • P may recover punitive damages for malicious conduct
21
Q

False Imprisonment

A
  1. D must commit an act of restraint
  2. P is confined in a bounded area
  3. Intent; and
  4. Causation

Damages not Required

22
Q

An act of restraint

A
  • Restraint can be physical, but threats are sufficient - that would operate on the mind of an ordinary person
  • An omission can be an act of restraint - Only true if there was a pre-existing duty owed by the P
  • An act of restraint only counts if the P is aware of it or harmed by it
23
Q

Bounded Area

A
  • A bounded area doesn’t have to be specifically defined or marked out by walls and defenses
    • Ex: Detention by mall security - “wait here”: implicit threat of summoning police
24
Q

Sufficent Methods of Confinement or Restraint

A
  1. physical barriers
  2. physical force
  3. threats of force
  4. failure to release, and
  5. invalid use of legal authority

moral pressure and future threats are insufficient

25
Q

An area is not bounded if:

A

There is a reasonable means of escape the P can reasonably discover

  • moral pressure and future threats are insufficient
  • If the only way out is dangerous, disgusting or humiliating - it is not a reasonable means
  • If it is hidden - it is not reasonably discoverable
26
Q

Awareness of Confinement

A

P must know of the confinement or be harmed by it

27
Q

Time of Confinement

A

Time of confinement is irrelevant

28
Q

Damages for False Imprisonment

A
  • P can recover nominal damages even if actual damages are not proven
  • P may recover punitive damages for malicious conduct
29
Q

Intentional Infliction of Emotional Distress (IIED)

A
  1. Extreme & Outrageous Conduct
  2. Intent or Recklessness
  3. Causation; and
  4. Damages - Severe Emotional Distress

This is a fall back tort, find another one before using this alternative

30
Q

What is and what isn’t outrageous conduct?

A
  • Outrageous conduct is conduct that “exceeds all bounds of decency tolerated In a civilized society”
  • One kind of conduct that is not outrageous is Insults, even if it is successful in causing distress
31
Q

Factors that lead to Outrageousness

A
  1. Conduct is repetitive in nature
    • Ex: abusive debt collection practices repeated daily
  2. D is a common carrier (airline) or innkeeper (hotel)
    • These types of businesses are held to a hire standard of courtesy to their customer
  3. P is a member of a fragile class of persons
  4. If D had prior knowledge of a particular emotional sensitivity by the P, exploiting that is outrageous (it is outrageous to push somebody’s buttons)
32
Q

Exception to when an insult would be enough to be outrageous:

A

P is a member of a fragile class of persons

  • Insults are outrageous to these classes (pick on someone your own size)
33
Q

Fragile Classes of Persons

A
  1. Young children
  2. Elderly
  3. Pregnant women
    • You would have to know the woman is pregnant
34
Q

Requisite Intent for IIED

A

Recklessness is sufficient

35
Q

Proof of Severe Distress

A
  • No specific evidence required
  • P can prove however he wants
  • Do not have to prove specific symptoms
36
Q

Causation in Bystander Cases for IIED

A

When the D intentionally causes physical harm to a 3rd person and the P suffers sever emotional distress because of it, the P may recover by showing either the PFC for emotional distress or that:

  1. she was present when the injury occured
  2. she is a close relative of the injured person, and
  3. the D knew the facts of 1 and 2.
37
Q

Damages for IIED

A
  • IIED is the only intentional tort where damages is required
  • Actual damages (severe emotional distress), not nominal, are required
  • Proof of physical injury is not required
    • the more the outrageous conduct, the less proof of damages is required

Torts (6 decks)

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