Intentional Torts Flashcards
What are the elements for a prima face intentional tort case?
- act by D (volitional)
- intent (specific or general)
- causation (D’s act was substantial factor)
What kind of intent is needed for an intentional tort?
actor does not need to intend the injury that results from bringing about the consequences
D intentionally pushes P who falls and breaks arm
D liable for injury even though did not intend to break the arm (intended to make the contact w/ P)
What is the doctrine of transferred intent?
applies when D intends to commit a tort against P1 but instead 1. commits different tort against P1 2. commits same tort, but against P2 or 3. commits different against P2
intent to commit tort is transferred to other person (that actually committed)
D who acts w/ intent to commit assault but whose conduct actually constitutes a battery is liable for battery
When can the transferred intent doctrine be invoked?
only if both the tort intended and tort that results are one of the following assault battery false impris trespass to land, or trespass to chattels
Is incapacity a good defense to intent?
no - everyone is capable of intent (so mentally incompetent and children will be liable for intentional torts)
What are the elements of battery?
- harmful or offensive contact (injury, pain, disfigure; offensive from reasonable person persp.) (contact can be direct or indirect)
- to PL person (anything connected to PL - clothing or purse)
- intent, and
- causation
damages are not required - can be nominal
What are the elements of assault?
- D created reasonable apprehension in PL (PL needs to be aware of threat)
- of immediate harmful or offensive contact to PLs person
- intent, and
- causation
can recover nominal damages
Are words sufficient to create reasonable apprehension for assault?
no - words must be coupled w/ condcut (words can, however, negate reason. apprehen.)
What are the elements of false imprisonment?
- act or omission of D that confines/restrains PL to bounded area (moral pressure and future threats are not suff) (PL must know of confinement)
- intent
- causation
nominal damages are recoverable
What are the elements of IIED?
- act by D amounting to extreme and outrageous conduct
- intent or recklessness
- causation and
- damages - severe emotional distress (don’t need physical injury)
When can a bystander recover under IIED?
if D intentionally causes physical harm to third person and PL suffers severe emo. distress, PL may recover by showing either
- elements of IIED claim, or
- present when injury occurred, close relative of inj. person, and D knew those two things
What are the elements for trespass to land?
- physical invasion of PLs real property (can throw an object - if intangible, sue under nuisance)
- intent, and (need only intend to enter area, doesn’t need to know it belongs to another)
- causation
PL can recover w/o showing actual injury to land
What are the elements of trespass to chattel?
- act by D that interferes w/ PLs right of possession in a chattel
- intent (intent to trespass not required - intent to interfere is required)
- causation, and
- damages
two types of interference: directly damaging chattel or dispossession (depriving PL)
need actual damages to at least the possessory right to chattel
Is Ds mistaken belief that he owns the chattel a defense to trespass to chattel?
no
What are the elements of conversion?
- act by D that interferes w/ PLs right of possession in chattel (acts = theft, wrongful transfer, detention, substantially changing/damaging)
- intent, (mistake to ownership is no defense - need intent to do the interfering act)
- causation and
- damages (interference serious enough in nature or consequences to warrant D pay for chattel’s full value)
the longer the withholding period = conversion; less serious interference = trespass to chattels
only tang. personal property and intangibles reduced to phys. form (promissory note) are subj. to conversion
