Intentional Torts Flashcards
What are the elements of an intentional tort?
a) Voluntary Act – Something conscious or willed, as opposed to purely reflexive
b) Intent – D either:
i) Desires act to cause harmful result, or
ii) Knows with substantially certainty that it will come about
c) Causation – D’s act, or a force set in motion by D, must cause P’s injury
d) Harm
e) No applicable privilege or defense
What is transferred intent?
If D acts with necessary intent to inflict certain intentional torts against P, but causes injury to V, then D’s intent is transferred to V
Which torts does transferred intent apply to?
Only applies to battery, assault, false imprisonment, trespass to land, and trespass to chattels
Battery Rule
Rule: D causes harmful or offensive contact with P’s person or something closely connected to P
- P does not have to prove injury; will get compensatory damages just by showing the elements
- Privileges and defenses – Consent
Battery Elements Break Down
i) Intent: D must either:
(1) Desire to cause an immediate harmful or offensive contact; or
(2) Know that such contact is substantially certain to occur
ii) Harmful or Offensive Contact
(1) Inflict pain or impairment of any function of the body
(2) Offensive to a reasonable person
(3) P need not be aware of the contact (unlike assault)
iii) To the person or something physically closely connected thereto
Assault Rule
Rule: D intentionally causes P to be in reasonable apprehension of an immediate harmful or offensive contact
Assault Elements
i) Intent D must:
(1) Act with the desire to cause an immediate harmful or offensive contact or the apprehension of such contact, or
(2) Know that such a result is substantially certain to result
ii) Reasonable Apprehension – objective (RP) standard
(1) If the apprehension is reasonable, it doesn’t matter whether D could actually carry out the threat. For instance, brandishing an unloaded gun can still be assault
iii) Imminent Battery – Must be able to occur almost instantly
False Imprisonment Rule
Rule: D intentionally causes P to be confined in a bounded area against P’s will and P knows of the confinement or is injured by it
False Imprisonment Elements
i) Intent
(1) D desires to confine or restrain P in a bounded area, or
(2) Knows that such confinement is virtually certain to result
ii) Confinement in Bounded Area
(1) Physical barriers, threats of force, failing to release P after duty to release arises, or the invalid assertion of legal authority
(2) No duration requirement
(3) If P knows (actual knowledge) of reasonable means of escape, then no confinement and no liability
(a) Reasonable = no threat of harm to P or property; can’t expose P to risk of embarrassment
iii) Against P’s Will – Consent is a defense
iv) P is aware of confinement OR injured thereby (harm/damages)
Intentional Infliction of Emotional Distress (IIED) Rule
Rule: D engages in an intentional or reckless act amounting to extreme and outrageous conduct that causes P severe emotional distress
IIED Elements
i) Intentional or Recklessness
(1) Intentional = D acts with the desire to cause severe emotional distress or knows that such severe emotional distress is virtually certain to occur
(2) Recklessness = D acts in conscious disregard of a high degree of probability that emotional distress will follow
ii) Extreme and Outrageous Conduct
(1) Conduct exceeds all bounds tolerated by civilized society
(2) Offensive or insulting language generally not enough, except when:
(a) D is a common carrier/innkeeper;
(b) D knows of P’s particular sensitivity; or
(c) D is an authority figure using racial/ethnic slurs against a subordinate
iii) Severe Emotional Distress
(1) P does not have to prove physical injury, but distress must be severe – greater than reasonable person (objective test) would expect to endure
(2) Must be substantial/long lasting as opposed to trivial/transitory
Trespass to Land Rule
Rule: Intentional act that causes invasion of P’s land, interfering with P’s possessory interest in the land
Trespass to Land Elements
i) Intent
(1) D desired to enter the land/caused something to enter, or
(2) D knew that land entry was substantially certain to result
(a) Mistake is not a defense
ii) Entry
(1) D enters or causes someone/something to enter (ex: bullet hypo)
(2) D enters the land lawfully but then refuses to leave when required
(3) D fails to remove/eject from P’s land when under legal duty to do so
iii) P’s Land—anyone in possession can bring claim (landowner, tenant, adverse possessor)
Trespass to Chattels Rule
Rule: D interferes with P’s chattel, causing damages
Trespass to Chattels Elements
i) Intent
(1) D intentionally performs the physical act that interferes with P’s chattel
(2) Liable even though D did not intend to trespass (i.e., does so with good faith)
(3) Mistake is not a defense
ii) Interference = Uses or borrows without authorization
iii) Plaintiff’s Chattel = P’s personal property
iv) Actual Damages – Unlike trespass to land, proof of actual damages is an element of the cause of action for trespass to chattels. Actual damages to the chattel itself are not necessary; however, actual damages would include the value of loss of use of the chattel during a dispossession or the cost to remedy an intermeddling
