Intentional Torts Flashcards
Elements of Battery
- Voluntary Act
- Intent to cause harmful or offensive conduct
- Contact
Intent definition
purpose of producing consequence
or
knowing with substantial certainty that harm will occur
Battery: Transferred Intent definition
still battery even if plaintiff was not intended target
Battery: single intent
intent to make contact
Battery: dual intent
intent to make contact and intent to harm or offend
Battery: offense definition
offends a reasonable person’s sense of personal dignity
or
contact is highly offensive to another’s unusually sensitive sense of personal dignity
Extended liability
defendant liable for all damages caused, not only intended or foreseeable
Assault elements
- voluntary act
- intent
- apprehension of battery
Assault: Apprehension analysis
- not necessarily fear, just awareness
- could be objective or subjective, restatement recommends subjective
- immediate or imminent
False Imprisonment elements
- act
- intent to confine
- confinement
- awareness of confinement or sustain harm
False imprisonment: What is confinement?
- threats or duress
2. physical barrier or force
IIED elements
- outrageous and extreme conduct
- intent to cause, or disregard of a substantial probability of causing, severe harm
- causal connection between conduct and injury
- severe emotional distress
What is outrageous and extreme conduct?
- intolerable in civilized society
- pattern of conduct
- abuse of power
- directed at person known to be especially vulnerable
IIED - Public figure standard for intent
actual malice, must show falsity and intent or recklessness about falsity
IIED not directed at plaintiff
- plaintiff is a member of the victim’s immediate family and
- was present at the time of the conduct
Trespass to land elements
- Plaintiff’s ownership of land or possessory interest
- intentional, tangible invasion
- invasion or entry harms plaintiff’s interest in exclusive possession
trespass to land: intent
- intent to enter land, not necessarily to trespass
- personal entry or causing an object to enter the land
- unintentional entry but refusal to leave
- overstepping granted rights
trespass vs nuisance
invasion of interest in exclusive possession vs interference of use and enjoyment of property
conversion of chattels (trover) elements
- Intent to exercise substantial dominion over chattel
- act
- deprivation of control from chattels owner
conversion of chattels: substantial dominion factors
- extent and duration of control
- intent to assert a right to the property
- defendant’s good faith
- harm done
- expense or inconvenience caused
Trespass to chattles remedies
usually money damages or actual return or chattel
Trespass to Chattels elements
- intent to interfere or knowledge that interference was substantially certain to result
- interference with use and enjoyment of personal property
- plaintiff harmed
Self defense & defense of others - nondeadly
- reasonable belief
2. cannot avoid necessity of defending himself by retreating or complying with command
self-defense and defense of others - deadly force
- reasonably believes the other is about to inflict harm
- he is in peril of death or serious bodily harm
- can only prevented by immediate use of force
- force was reasonable
self-defense does not exist when
- able to retreat outside the house
2. able to relinquish a right or privilege
Defense of property requirements
- must warn first
- no deadly force
- no excessive force
shopkeepers privilege definition
privilege to assault in defense of property
shopkeepers privilege elements
- shopkeeper must have reasonable cause to detain
- purpose of detention was proper
- detention was carried out in a reasonable manner and reasonable length of time
Consent
consent to being touched, but not to harm that occurs from being touched
exceptions to consent
- implied consent in emergencies
2. no consent if person did not understand risk and implications
defense: discipline
parents have privilege to discipline as long as they use reasonable force
public necessity
D is allowed to trespass if required for the public good
