INTENTIONAL TORTS Flashcards
INTENTIONAL TORTS
WHAT MUST THE ACT BE?
ACT MUST BE VOLITIONAL (ACT OF THE WILL)
WHAT MUST THE INTENT BE FOR
PERSON TORTS ?
PROPERTY TORTS?
PERSON: “D” DESIRES THE RESULTS, OR “D” KNOWS WITH SUBSTANTIAL CERTAINTY THE RESULT WILL OCCUR.
PROPERTY: “D” DESIRES TO “DO THE ACT” OR KNOWS WITH SUBSTANTIAL CERTAINTY THAT THE ACT WILL OCCUR.
ARE MINORS, INSANE PERSONS, AND INTOXICATED PERSONS LIABLE FOR THEIR INTENTIONAL TORTS?
YES, AS LONG AS THEY HAVE THE REQUISITE INTENT.
ARE MISTAKEN PERSONS LIABLE FOR THEIR INTENTIONAL TORTS?
USUALLY, B/C THEY ARE USUALLY MISTAKEN AS TO A NON-ESSENTIAL ELEMENT.
DEFINE: TRASFERRED INTENT
WHEN A “D” INTENDS TO COMMIT ONE TORT, BUT INSTEAD (OR IN ADDITION), COMMITS A DIFFERENT TORT TO THE SAME PLAINTIFF, AND OR COMMITS THE SAME AND OR DIFFERENT TORT TO A DIFFERENT PERSON.
WHICH TORTS CAN BE TRANSFERRED?
ASSAULT, BATTERY, FALSE IMP. TRESPASS TO LAND, T- CHATTEL
NO TRX INTENT FOR IIED OR CONVERSION.
WHAT IS THE CAUSE REQUIREMENT FOR INTENTIONAL TORTS?
“BUT FOR” ACTUAL CAUSE.
WHICH TORTS DO NOT REQUIRE “ACTUAL” DAMAGES?
BATTERY, ASSAULT, FALSE IMPRISONMENT
Discuss Battery
Act by “D” that intentionally causes a harmful or offensive contact with the plaintiff’s person.
Intent: to cause harmful or offensive contact (to the body, clothing or anything closely connected).
Judged by the reasonable person standard.
Discuss Assault
Act by “D” that intentionally causes reasonable apprehension in plaintiff of immediately receiving a battery.
Intent: To cause apprehension.
Reasonable apprehension: Judged by RP standard
Apprehension = Expectation , Fear =Apprehension
Apparent ability is all that is required, words alone insufficient
Words must be coupled with action.
Define and Discuss
ACT BY “D” THAT INTENTIONALLY CAUSES THE PLAINTIFF TO BE CONFINED TO A BOUNDED AREA.
INTENT: TO CONFINE
WHAT IS CONFINEMENT
WHAT IS BOUNDED
BARRIERS, FORCE OR THREAT OF FORCE, FAILURE TO RELEASE, OR INVALID USE OF LEGAL AUTHORITY.
SEE NOTES FOR MORE
BOUND: MOVEMENT RESTRAINED IN ALL DIRECTIONS, WITH NO REASONABLE MEANS OF ESCAPE.
DEFINE AND DISCUSS
EXTREME AND OUTRAGEOUS CONDUCT BY “D” THAT INTENTIONALLY OR RECKLESSLY CAUSES SEVERE EMOTIONAL DISTRESS IN PLAINTIFF.
INTENT: TO CAUSE…OR IS AWARE OF THE RISK OF SEVERE EMOTIONAL DISTESS.
IIED: CONDUCT THAT TRANSCENDS ALL BOUNDS OF DECENCY. WHAT MAY BE EXTREME AND OUTRAGEOUS IF?
- CONTINUOUS IN NATURE.
- IT IS DIRECTED TOWARD A PARTICULAR TYPE OF PLAINTIFF (CHILD, ELDERLY, PREGNANT, SUPER SENSITIVE PERSON IF SENSITIVITY KNOWN TO DEFENDANT.
OR COMMITTED BY A PARTICULAR TYPE OF DEFENDANT; COMMON CARRIER OR INNKEEPERS.
IIED NEEDS WHAT TYPE OF DAMAGES?
ACTUAL DAMAGES
NOMINAL DAMAGES ARE INSUFFICIENT.
IIED: THIRD PARTY CAN RECOVER IF PHYSICALLY HARMED IF:
PLAINTIFF AND VICTIM ARE RELATED.
IS PRESENT AT THE SCENE.
AND “D” KNOWS THAT 1 AND 2 ARE RELATED.
TRESPASS TO LAND: DEFINE
INTENTIONAL ACT BY DEFENDANT THAT CAUSES A PHYSICAL INVASION OF PLAINTIFF’S LAND.
(DID “D” DESIRE OR KNOW WITH SUBSTANTIAL CERTAINTY ACT WOULD OCCUR)
WHAT QUALIFIES FOR PHYSICAL INVASION?
DIRECT OR INDIRECT BY “D” OR FAILURE TO LEAVE OR REMOVE.
WHO CAN BE A PLAINTIFF IN T-TO-LAND?
OWNERSHIP NOT REQUIRED, RIGHT TO POSSESSION IS ENOUGH
WHAT DAMAGES ARE AVAILABLE FOR TRESPASS TO LAND?
DAMAGES ARE INFERRED, SO NOMIMAL AND ALL OTHER PROVABLE CAN BE RECOVERED.
DEFINE TRESPASS TO CHATTEL
AN INTENTIONAL ACT BY DEFENEDANT THAT CAUSES AN INTERFERENCE WITH PLAINTIFF’S POSSESSORY INTEREST IN CHATTEL.
TRESPASS TO CHATTEL
“D” MUST INTEND TO WHAT ONLY?
WHAT IS INTERFERENCE?
THE ACT.
INTERMEDDLING -DAMAGE
DISPOSSESSION
TRESPASS TO CHATTEL
WHAT IS CHATTEL?
ANYTHING TANGIBLE PROPERTY
OR ANY TANGIBLE PROPERTY THAT REDUCED TO TANGIBLE FORM.
TRESPASS TO CHATTEL
WHAT DAMAGES ARE AVAILABLE?
DAMAGES ARE NOT INFERRED- ACTUAL MUST BE PROVEN!
LOSS OF POSSESSION WILL BE CONSIDERED AN ACTUAL HARM.
SAME DEFINITION AS AS T-CHATTEL, EXCEPT WHAT?
INTEND THE ACT, ACTUAL CAUSE, BUT WHAT IS SEVERE INTERFERENCE?
…SO SEVERE AS TO WARRANT ITS FORCED SALE.
DESTRUCTION, SEVERE DAMAGEM, MATERIAL OR ALTERATION
OR
DISPOSSESSION: WRONGFUL ACQUISITION (STEALING), TRANSFER, DETENTION OR MISUSING.
WHAT ARE THE REMEDIES FOR CONVERSION?
FAIR MARKET VALUE AT THE TIME OF CONVERSION.
AND
REPLEVIN.
