Intentional Torts Flashcards
What are the types of intentional torts?
Intentional torts to a person and Intentional torts to property.
What are the intentional torts to a person?
Assault
Battery
IIED
False Imprisonment
What are the intentional torts to property?
Trespass to chattels
Trespass to property
Conversion
What are the defenses to intentional torts?
Self-defense
Consent
Defense of property
Necessity
Privilege of arrest
Defense of others
Define Battery
(What are the elements for Battery?)
An intentional harmful or offensive touching to a person
Define Assault
(What are the elements for Assault?)
An intentional act by D that creates a reasonable
apprehension in P of immediate harmful or offensive contact to P’s person
Define IIED
(What are the elements for IIED?)
Intentional or reckless conduct that is considered extreme and
outrageous and causes extreme emotional
distress and P suffers emotional distress.
Define intentional for IIED
The person intends to inflict severe emotional distress
or knows that such distress is certain or substantially certain to occur
Define Reckless for IIED
The person acts with intentional disregard for the high risk that
emotional distress will result
False Imprisonment
An intentional act to restrain someone to fixed boundaries with no reasonable means of escape and P is aware of the confinement or harmed by it (so they don’t necessarily have to be aware)
What is an intentional act for false imprisonment?
Purposely bringing about confinement or knowing the confinement is substantially certain to occur
Define restraint for false imprisonment
(Can restraint be physical force or threats?)
Yes
Define trespass to chattels
(what are the elements?)
Intentionally interfering with personal property (damage, preventing usage, etc)
and the damage is small
Define trespass to land
(what are the elements?)
Intentionally entering and/or remaining the land of another physically
or throwing physical objects or a third person onto the land of another
Tip: Intent to trespass is not required. You just have to purposefully be on the land.
What are the remedies for Trespass to land?
Recovery for the decreased value of the property
or
the cost of repair
Define Conversion
(what are the elements?)
Intentionally interfering with the personal property of another
and
the damage is substantial
What is the remedy for conversion?
The full market value for the property
Define the doctrine of Transferred intent
D’s intent to harm or damage for purposes of torts is transferred
if D intends to commit a tort against one party
and
commits a different tort against that person
or
another person is injured by the same or different tort
Which torts does the doctrine of transferred intent apply to?
Battery
Assault
false imprisonment
trespass to land
and
trespass to chattels
(Basically all the intentional torts except IIED?)
Define Self Defense and Defense of others
D is not liable for harm if
1) he reasonably believed P was going to harm him; and
2) use reasonable force that was necessary to protect himself and another
Define defense of property
You can use reasonable force to defend property but cannot use deadly force
Define recapture of Chattels
You can recapture wrongfully taken chattels by taking prompt action and using reasonable non-deadly force
When is force considered unreasonable for the recapture of chattels?
When force is used without making a demand 1st. However, there is an exception to the demand requirement if you show that demand was dangerous or futile.
Define privilege to arrest (detain for investigation)
Shopkeepers may temporarily detain a person reasonably suspected of theft in or near their store for the purpose of investigation. If the request to detain has been refused, non-deadly force may be used.
