Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

Intent

A

Acting with the purpose of causing a result or knowing the result is certain to occur

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Intentional Torts

A

Battery, Assault, False Imprisonment, IIED, Trespass (to person and chattels)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Single Intent

A

Acting with the intent to only make the bodily contact (not that harm that results)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Dual Intent

A

Acting with the intent to both make the contact, and the harm that results

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Transferred Intent

A
  • satisfies intent for the tort if the actor’s intent is directed at causing harm to a third party, but ends up causing harm to the plaintiff
  • transfers between a defendant’s intended victim, and the unintended actual victim
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Prosser Rule

A

A defendant’s intent to commit any of the original trespass-based torts (assault, battery, false imprisonment, and trespass [to land or chattels]) automatically supplies the requisite intent for the other four

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Transferred Intent Hypo

A

A defendant threw a stone attempting to hit someone and it broke a window. Guilty of trespass to property, even though the original intent was assault/battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Battery (Trespass to Person)

A

Intentional, nonconsensual, harmful touching of the body of another with the intent to cause contact, regardless of intent (or lack of intent) to cause the harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Elements of Battery

A

1) Intentional
2) Causing/Inflicting
3) Harmful or offensive contact [includes anything attached to their person - cane, wheelchair; offensive: if offend a reasonable personal of dignity/D knows P would be offended)
4) to another person
* contact does not need to be body to body (can be with anything)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Battery Policy

A

emerged to keep peace by substituting for private retribution - a wrongly touched person can pull out a summons instead of a sword

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Assault

A

Intentional inflicting/causing of apprehension of imminent harmful or offensive contact to another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Elements of Assault

A

1) intentionally
2) inflict/cause another person
3) imminent apprehension
- belief the act will result in harm, unless prevented by self-defense or outside force
4) of harmful or offensive contact
5) without their consent
* threat of contact must be immediate - future threats don’t count

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Trespass to Land

A
  • Intentional, unauthorized entry into/onto property

- Trespass requires intent to act, but not intent to harm; the harm is assumed in the act of going onto the property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Elements of Trespass to Land

A

1) Intentional
2) Entering
3) Another’s land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Other Trespass

A
  • Overflight - right over above and below land
  • Intangible Trespass - can only sue for physical damages caused by intangible trespass
  • Policy - floodgates
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Trespass to Chattels (Personal Property)

A

intentional interference with a plaintiff’s right of possession by either dispossessing, using, or meddling with the chattel

17
Q

Liable for Trespass to Chattels if:

A

1) D steals the property, or
2) The chattel is damaged (condition, quality, value), or
3) The owner is denied use of the property for a substantial time, or
4) Harm is caused to a thing in which the possessor has a legally protected interest

18
Q

Conversion

A

intentional exercise of taking control of a chattel which so seriously interferes with the right of another to control it, that the actor may justly be required to pay the other the full value of the chattel

19
Q

Trespass vs. Conversion

A
  • Extent and duration of the actor’s exercise of dominion or control + resulting interference (i.e., if a car has to be fixed for several months)
  • The actor’s intent to assert a right in fact inconsistent with the other’s right of control
  • the actor’s good faith (or lack thereof; good faith = more like trespass)
  • the harm done to the chattel
  • the inconvenience and expense caused to the other
20
Q

Private Nuisance

A
  • A thing or activity that substantially and unreasonably interferes with another individual’s use or enjoyment of his land
  • Interference must be intentional, negligent, reckless, or the result of abnormally dangerous conduct to constitute nuisance
21
Q

Public Nuisance

A

Unreasonable interference with a right common to the general public
EX: air pollution, pollution, public highways, use of public parks/property

22
Q

Offensive Battery

A

Same as battery, but…
1) act of the ‘highest’ indignity
2) would offend a reasonable person, or
3) would offend the other person specifically
EX - spitting on someone, throwing a drink at someone, blowing smoke in someone’s face, knocking something out of someone’s hand, hat off head

23
Q

False Imprisonment

A

Intentional confining of another person within an area or space against their will

24
Q

Elements of False Imprisonment

A

1) Intend to confine another, and
2) They cause the other to be confined, and
3) The other is aware of the confinement or is harmed by it, and
4) The other did not consent

25
Q

Defense for False Imprisonment

A

Consent
Defense of property/self/others
*False imprisonment cannot exist when there is a safe alternative exit

26
Q

Intentional Infliction of Emotional Distress (IIED)

A
  • Intentionally or recklessly causing by extreme or outrageous conduct severe emotional distress in another
  • Policy: compensation/caretaking vs. floodgates
27
Q

IIED Elements

A

1) Intentionally or recklessly
2) Causing
3) By extreme or outrageous conduct
4) Severe emotional distress
5) To another

28
Q

IIED & Third Parties

A

1) Intentionally or recklessly
2) Causes severe emotional distress to a member of a person’s immediate family while they are present at the time (if results in bodily harm or knowledge of the act), or
3) Anyone present at the time if bodily harm results

29
Q

Defenses to Intentional Torts

A
  • Consent
  • Mental Disabilities
  • Self-Defense & Defense of Others
  • Defense of Property
  • Necessity (Private/Public)
30
Q

Consent (Defense)

A
  • D is not liable if P consented to the conduct
  • Affirmative: D says they did make contact, but P consented (conscious enough to give consent; i.e., verbal or contractual)
    Implied: Intent conferred from conduct or exigent circumstances
31
Q

Mental Disabilities (Defense)

A
  • Insanity/mental disability is usually not a defense to an intentional tort
  • Policy - deterrence/incentives, compensation/caretaking, fraud concerns
32
Q

Emergency Rule (Defense)

A

During cases of emergency where a patient is unconscious and it is necessary to operate before consent can be obtained, it can be assumed the patient gives consent for life-saving treatment

33
Q

Self-Defense

A
  • Valid defense
  • level of forced used to defend self must match or be less than the level of force threatened with (proportionality)
  • Mistake? Was it reasonable? Did you need to use force?
34
Q

Defense of Property

A
  • No deadly force to protect property

- must ask someone to leave before using force, unless they are actively destroying your property

35
Q

Necessity (Defense)

A
  • The right to take control of/use the property of another if needed during an emergency
  • If you claim necessity and they push you away, then now they have trespassed against you
36
Q

Private Necessity (Defense)

A
  • For own personal benefit
  • Incomplete privilege: need to pay if damage the property of another while using during necessity
  • Policy: unjust enrichment, cost-benefit analysis
37
Q

Public Necessity (Defense)

A
  • Serves the whole public; allow people to make decisions for public’s needs without worrying about personal liability
  • Complete privilege: don’t need to pay for damage to property
38
Q

Thin-Skull or Eggshell Rule

A
  • D is liable for all damages caused by his action, not just those foreseeable to him
  • Policy: compensation/caretaking
  • My actions cause more damage than expected, still responsible for full consequences

Torts (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions