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Torts > Intentional > Flashcards

Intentional Flashcards

1
Q

Elements of Intentional Torts

A
  1. Intent
  2. Act
  3. Causation
  4. Injury
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2
Q

Types of Intent

A
  1. Specific intent

2. General intent

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3
Q

Which is significant in determining an intentional tort: intent to act or intent to do harm?

A

Intent to ACT (good faith or mistake do not negate intent)

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4
Q

General requisite age to be held liable for intentional tort.

A

5 or above

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5
Q

Are mentally ill people liable for intentional torts?

A

Yes

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6
Q

Eggshell Skull Plaintiff Rule

A

D is liable for P’s unforeseeable and uncommon physical consequences caused by D’s negligent or intentional act

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7
Q

Transferred Intent Doctrine

A

When D intends any 1 of 5 torts and accomplishes technical injury for any 1 of 5 torts, intent is established, regardless of whether caused tort was intended or whether injured plaintiff was intended.

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8
Q

Torts under TID

A
  1. Battery
  2. Assault
  3. False imprisonment
  4. Trespass to land
  5. Trespass to chattel
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9
Q

Voluntary

A

Willed by one’s brain

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10
Q

Causation

A

Act must have caused the injury

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11
Q

Assault Technical Injury

A

Imminent apprehension of harmful or offensive contact

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12
Q

Battery Technical Injury

A

Harmful or offensive contact

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13
Q

False Imprisonment Technical Injury

A

Confinement within a bounded area that P either knows about or is harmed by

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14
Q

Intentional Infliction of Emotion Distress Technical Injury

A

Severe emotional distress

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15
Q

Trespass to Land Technical Injury

A

Entry onto P’s real property

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16
Q

Trespass to Chattel Technical Injury

A

Intermeddling with P’s personal property

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17
Q

Conversion Technical Injury

A

Dispossession or actual damage to P’s property

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18
Q

Types of Intentional Torts

A
  1. Battery
  2. Assault
  3. False imprisonment
  4. Intentional infliction of emotional distress
  5. Trespass to land
  6. Trespass to chattel
  7. Conversion
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19
Q

Battery Elements

A
  1. D’s intentional act
  2. that causes harmful or offensive contact
  3. to P
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20
Q

Harmful contact

A

Bodily contact resulting in physical impairment, physical pain, or illness

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21
Q

Offensive contact

A

Bodily contact offending a reasonable sense of personal dignity

22
Q

Bodily contact

A

Can include anything so connected with P’s body as to be customarily regarded as part of P’s person (ex., clothing, cane, plate P is holding)

23
Q

Assault Elements

A
  1. D’s intentional act
  2. that causes reasonable apprehension
  3. of imminent
  4. harmful or offensive contact
24
Q

Apprehension (Assault)

A

Belief that D’s act is capable of immediately inflicting contact upon P unless something further occurs (NOT FEAR)

25
Q

Insufficient apprehension of harmful or offensive contact (Assault)

A
  1. Threatening words alone

2. Threatening words that negate imminence (granting future harm)

26
Q

Ability of D to create imminent harmful or offensive contact (Assault)

A

Apparent ability, not actual ability, must be shown

27
Q

False Imprisonment Elements

A
  1. D’s intentional
  2. restraint of P
  3. that confines P within bounded area
  4. while P is conscious of confinement or suffers some harm from it
28
Q

Sufficient restraint (False imprisonment)

A

By physical barrier, force, or immediate apprehension of harm against a person or third party

29
Q

Insufficient restraint (False imprisonment)

A

Moral persuasion or moral pressure

30
Q

Insufficient confinement (False imprisonment)

A

P has knowledge of reasonable means of escape

31
Q

Intentional Infliction of Emotional Distress Elements

A
  1. D’s intentional or reckless act
  2. that causes P severe emotional distress
  3. Because of D’s extreme and outrageous conduct
32
Q

Sufficient for intentional or reckless act (Intentional Infliction of Emotional Distress)

A

D must have knowledge of P’s presence

33
Q

Does the Transferred Intent Doctrine apply to IIED?

34
Q

Trespass to Land Elements

A
  1. D’s intentional
  2. entry or interference with P’s exclusive possession
  3. of P’s land
  4. without P’s permission
35
Q

Permission limits (Trespass to land)

A

Can be limited by time, area, and purpose–considered TTL as soon as permission expires

36
Q

Is harm required for physical trespass in TTL?

37
Q

Is harm required for non-physical trespass in TTL?

38
Q

Nominal damages permitted for physical trespass? (TTL)

39
Q

Are nominal damages permitted for non-physical trespass? (TTL) Give an example of non-physical trepass.

A

No, pesticide

40
Q

Trespass to Chattel Elements

A
  1. D’s intentional
  2. intermeddling with P’s use or possession
  3. of P’s personal property
  4. that causes P some injury or damage
41
Q

Intermeddling (Trepass to chattel)

A
  1. Dispossession OR
  2. Actual impairment of condition, quality, or value OR
  3. Deprivation of chattel’s use for substantial time
42
Q

Trespass to Chattel Damages

A
  1. Actual/compensatory

2. Punitive

43
Q

Conversion Elements

A
  1. D’s intentional
  2. EITHER
    substantial interference with P’s ownership or use OR
    unjustifiable and unwarranted dominion over P’s personal property
  3. where injury to P results
44
Q

Property (Conversion)

A

Typically physical with non-physical exceptions

45
Q

Examples of non-physical property (Conversion)

A
  1. Literary property
  2. Scientific invention
  3. Trade secrets
46
Q

If a seller sells converted property to a buyer, who is liable?

47
Q

What does P’s exclusive possessory interest in his land include?

A
  1. Surface
  2. Space upward within reasonable limits
  3. Space downward within reasonable limits
48
Q

What does the law infer in physical trespass to land?

A

Some damage, if nothing more than treading down of the grass

49
Q

Which intentional torts allow nominal damages?

A
  1. Assault
  2. Battery
  3. False imprisonment
  4. Trespass to land (physical only)
50
Q

Which intentional torts never allow nominal damages/require actual damage?

A
  1. Trespass to chattel
  2. Conversion
  3. Intentional infliction of emotional distress
51
Q

Which two types of damages are allowed for all intentional torts?

A
  1. Actual/compensatory

2. Punitive

52
Q

How do you calculate actual damages for conversion?

A

Full market value of chattel at time of conversion

Torts (7 decks)

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