Intentional Torts Flashcards
Voluntary Act
Something conscious or willed, as opposed to purely reflexive.
intent
- Purpose (cause harmful result)
- Knowledge (substantial certainty)
- Transferred
Causation
D’s act or a force set in motion by D causes P’s injury.
Ways to establish harm
- est elements of tort
2. prove specific injury
Battery
- voluntary act
- intent to cause harmful/offensive contact
- harmful/offensive contact occurs w/ P or something closely connected to P
H/O contact
Offensive to a R person. P does not need to prove injury.
Defense to battery
consent
Assault
- intent to cause R apprehension
- Reasonable apprehension
- belief of imminent battery
R apprehension
A RP in the same situation as P would have experience the same apprehension.
False Imprisonment
- Intent to confine/restrain to bounded area and knows that such confinement is virtually certain to result.
- confinement in bounded area (no duration req)
- Against P’s will
- no knowledge of R means of escape
- P is aware of confinement or injured thereby.
Intentional Infliction of Emotional Distress
- Intentional or reckless (desire of conscious disregard)
- Extreme and outrageous conduct
- severe emotional distress (substantial or long lasting)
Trespass to land
- intent to enter land (mistake is not a defense)
- Entry
- P’s land
- Remedies (nominal dmgs)
Trespass to chattels
- Intent (act that interferes w/ P’s chattel)
- Interference (w/o authorization)
- P’s chattel
- actual dmgs (loss of use of chattel)
- Remedies: dmgs, replevin
Conversion
- Intent
- Dominion and Control
- Remedies: forced sale, replevin
Defenses and Privileges to Intentional Torts
- Privilege
- Others (defense of)
- Property
- Consent
- Authority
- Necessity
- Self-Defense
Defense of others
D is entitled to defend another from an attack by P to same extent that a TP would be lawfully entitled to defense himself, but D is liable for a mistake.
Property
D can use R force to defend realty or personalty. May never use deadly force.
- recapture of chattels: R, non-deadly force may be used to get back personalty if 1. person seeking to recapture requests its return or it would be futile and 2. D is in hot pursuit
Consent
Express: affirmative communication
Implied: RP interprets P’s conduct as evidencing permission to act.
Authority: Arrest
- officer if R believes D commited a felony OR misdemeanor if D’s action constituted a breach of the peach.
- private person acts at their own peril, if wrong they’re liable for tort.
Authority: shopkeepers privileges
Not liable for false imprisonment if R suspicision that P stole. Can detain for R period and in a R manner on the premises/immediate vicinity.
Public Necessity
D is acting to protect the public at large from severe harm. San fran fire example
Private Necessity
D commits an int tort to protect himself. If a RP wold believe action taken was N to avoid harm. D not liable for tort but will have to pay for harm caused.
Self-Defense
D honestly and Rly believed D used R force to prevent P from engaging in an imminent and unprivileged attack.
