Intentional Torts Flashcards
Name all of the intentional torts
Battery Assault False Imprisonment Trespass to Land Trespass to Chattel Conversion Intentional Infliction of Emotional Distress (IIED)
Define intent
Intent is acting for the purpose of causing a specific outcome OR knowing that outcome is substantially certain to occur.
T/F: Intent requires a showing of malice or intent to injure
False
____ does not negate ____
mistake
intent
T/F: Mental illness negates intent
False
Define transferred intent
Transferred intent is a legal fiction that allows for intent to be transferred from a D’s intended target to actual target.
Which torts will transferred intent apply to?
Battery Assault False Imprisonment Trespass to Land Trespass to Chattel
Define battery
Battery is when a person acts with the intent to cause or harmful or offensive contact with the person of another and the harmful or offensive contact results.
Elements of battery
Intentionally: specific, general or transferred
Harmful: Physical pain or injury
(or) Offensive: If it would offend a reasonable person’s sense of dignity
Contact
With person of another
and such contract results
Eggshell skull doctrine
If the defendant intends offensive contact and it results in greater damages than a reasonable person would expect , they are still liable! (Defendants takes the plaintiff as they are.)
Define Assault
Assault is when a person acts with intent to cause harmful or offensive contract with the person of another OR to cause apprehension of imminent contact AND that person is put in reasonable apprehension of imminent harmful or offensive contact
T/F: Can the use or mere words establish an assault.
False; you need an action with the words.
Elements of assault
Intent Harmful Offensive Apprehension: Anticipated; not fear Imminent: immediately about to occur
Define false imprisonment
False imprisonment is the intentional, unlawful restraint, through force or threat of force that confines someone to a bounded area, the person is either aware of the confinement of harmed bu it.
Elements of false imprisonment
Intentional
Unlawful: without legal right or privilege
Restraint: Impairment on p’s ability to move freely
Force or threat of force: can be physical or through authority
Bounded area: An area where one is located and not allowed to leave
T/F: Can consent negate intent under false imprisonment
True
T/F: If you have a reasonable means of escape, false imprisonment cannot be established
True
Define Trespass to Land
The intentional and unauthorized entry upon the property of another
Elements of Trespass to Land
Intentional
unauthorized: No permission, consent or justification
entry
onto the land of another: Real property or property permanently affixed to the land
Under trespass to land, when must you show actual damages?
When the case involves microscopic particles in the air
T/F: Does a person need to show always need to show actual damages for Trespass to Land?
False; only nominal damages
Define Trespass to Chattel
The person acts with the intent to interfere with the property of another and the interference deprives the person of another from the substantial use.
Elements of trespass to chattel
The condition, quality or value of the chattel is interfered with, OR;
the plaintiff was deprived of chattel for a substantial period of time OR;
bodily harm suffered by the plaintiff/possessor of chattel.
T/F: A party may recover for nominal damages under trespass to chattel
False; actual damages only. Damages must be shown
T/F: A party has not committed a trespass to chattel if the chattel is not impaired as to its condition.
True
Define conversion
The person acts with intent to exercise dominion or control over the property of another that significantly alters, seriously damages, or destroys the property.
Elements of conversion
Intent
exercise dominion or control
property of another
significantly alters, seriously damages, or destroys the property:
-serious interference with the other’s ability to control the property; so serious that the defendant may justly be required to pay the plaintiff the full value
Define Intentional infliction of emotional distress
The defendant engages in extreme and outrageous conduct, intentional or reckless conduct, that the plaintiff suffers from severe emotional distress.
Elements of IIED
Extreme and outrageous: conduct exceeds beyond all bounds of human decency
Intentional or reckless: acts for the purpose to cause severe emotional distress or the conduct is so extreme and outrageous that severe emotional distress is substantially certain to occur.
Severe emotional distress: Diagnosis or substantial interference with everyday life.
IIED to third parties (Bystander Liability)
A plaintiff must show:
(1) the bystander was an immediate family member of the victim being battered OR
(2) the defendant knew the bystander was present at time OR
(3) P suffered bodily harm as a result that the severe emotional distress
(If a family member, does not have to show the emotional distress resulted in bodily harm)
Bystander liability
When the extreme + outrageous conduct is towards a 3rd party, the D is liable if he intentionally or recklessly causes severe emotional distress.
Define recovery of real property
A person wrongfully deprived of chattel is privileged to use reasonable force to recover the chattel immediately after dispossession. This defense permits the defendant to reclaim the chattel only when it can be done without unnecessary violence or breach of the peace.
