Inentional Torts Flashcards
1
Q
PFC for Intentional Torts
A
- Act by the Defendent
- Intent
- Causation
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
3
Q
Definition of Intent
A
Intent = acting on a desire to produce the legally forbidden consequence
4
Q
An act by a defenent, what is required is:
A
Volitional movement by D
5
Q
Types of Intent
A
- General
- Specific
6
Q
General Intent
A
actor knows with substantial certainty that these consequences will result
7
Q
Specific Intent
A
purpose in acting is to bring about the specific consequence
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
9
Q
Intentional Torts
A
- Battery
- Assault
- False Imprisonment
- Intentional Infliction of Emotional Distress
- Trespass to Lands
- Trespass to Chattels
- Conversion
10
Q
Transferred Intent may be invoked in which intentional torts?
A
- Battery
- Assault
- False Imprisonment
- Trespass to Lands
- Trespass to Chattels
11
Q
Battery
A
- Harmful or Offensive Contact
- to Plaintiff’s person
- Intent; and
- Causation
Damages not Required
12
Q
Harmful Contact Standard
A
Contact causes actual injury, pain or disfigurement
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.
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
15
Q
Plaintiff’s Person
A
Includes anything the P is holding or touching - anything connected to the P
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
- D must place the P in a reasonable apprehension
- That apprehension must be of an immediate harmful or offensive contact
- Intent; and
- 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
- Conduct must be a menacing gesture
- 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
- D must commit an act of restraint
- P is confined in a bounded area
- Intent; and
- 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
- physical barriers
- physical force
- threats of force
- failure to release, and
- invalid use of legal authority
moral pressure and future threats are insufficient
25
An area is not bounded if:
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
Awareness of Confinement
P must know of the confinement or be harmed by it
27
Time of Confinement
Time of confinement is irrelevant
28
Damages for False Imprisonment
* P can recover nominal damages even if actual damages are not proven
* P may recover punitive damages for malicious conduct
29
Intentional Infliction of Emotional Distress (IIED)
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
What is and what isn't outrageous conduct?
* 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
Factors that lead to Outrageousness
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
Exception to when an insult would be enough to be outrageous:
P is a member of a fragile class of persons
* Insults are outrageous to these classes (pick on someone your own size)
33
Fragile Classes of Persons
1. Young children
2. Elderly
3. Pregnant women
* You would have to know the woman is pregnant
34
Requisite Intent for IIED
Recklessness is sufficient
35
Proof of Severe Distress
* No specific evidence required
* P can prove however he wants
* Do not have to prove specific symptoms
36
Causation in Bystander Cases for IIED
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
Damages for IIED
* 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
