Intentional Torts Flashcards
Must be an external manifestation of the actor’s will
Cannot be a result of an involuntary movement, e.g., a seizure or an abrupt movement by D.
a volitional act
D’s goal is either to affect P in a way that the law forbids,
OR D knows with substantial certainty that the act will cause prohibited consequences
Intent
Invasion of any legally protected interest of another measured by the harm that occurs, if any
Injury
One of purpose: D’s goal is to affect P in a way that the law forbids.
One of knowledge: D knows with substantial certainty that act will cause prohibited consequences.
Intent
A volitional act by D
Which directly or indirectly
brings about harmful or offensive contact to P’s person
Harmful: Causes a physical impairment of the condition of another’s body, or physical pain, or illness
Offensive: Offends a reasonable person’s sense of personal dignity Generally governed by social usages prevalent at time and place Even if socially acceptable, may be liable if knew of specific sensitivity
or personal effects (cane, purse, extension of person;)
Personal Effects: Intimately connected to one’s person
and D either intends to commit harmful or offensive contact or
knows such contact is substantially certain to occur;
Battery
A volitional act by D
Which creates a reasonable apprehension in P
of imminent harmful or offensive contact to P’s person or personal effects
D intends to cause the reasonable apprehension of imminent harmful or offensive contact or is substantially certain it will occur; and
Such act is the act
Assault
A volitional act by D which results in
A nonconsensual confining or restraining of P
to a bounded area
Through physical barriers
Through use of physical force, or unreasonable excessive force, directed at P or member of P’s immediate family or P’s property
Through control over P’s property if P elects to remain with property.
Through direct threats of present use of force or physical restraint, e.g., forced to choose between threat of injury of freedom of motion
Through invalid use of authority.
with no reasonable means of escape apparent to P
Escape must be apparent to P
Cannot adversely affects reasonable person’s sense of dignity
With Intent
D must be aware of restraint in order to form requisite intent
D desired to confine or restrain or knew with substantial certainty that confinement or restraint would occur
Causation (actual and proximate)
Nominal Injury Sufficient
P must be aware of confinement unless during confinement P suffers damages
False Imprisonment
An act by D amounting to extreme and outrageous conduct
Conduct transcending all bounds of decency tolerated by society
Generally based on an objective standard – an average person of ordinary sensibilities
With intent (purposefully or with substantial certainty) or recklessly
Motive may be considered
Recklessness amounting to a conscious disregard for the risk
Which causes (actually and proximately)
Severe Emotional Disturbance (more than just injury)
Must prove severe emotional harm, i.e., no reasonable person should be expected to endure it (objective test)
Under majority rule, accompanying physical injury or physical manifestation of disturbance is not required
Intentional or Reckless infliction of Emotional Distress
A volitional act of physical invasion of P’s real property (on, under, or above) without consent or privilege
Invasion may occur in person or by object set in motion by D
Split of authority whether invisible particles and intangibles constitute invasion
Intent to bring about physical invasion or substantially certain that it would occur
Mistake as to ownership of land is not a defense
Causation- The causing or producing of an effect
Injury- The violation of anothers legal right, law provides a remedy, wrong or injustice
Nominal damages are enough
Trespass to land
A volitional act which
Interferes with P’s right to exercise complete dominion and control over his/her personal property; or
Impairs the condition, quality, or value of such property; or
Deprives P of such property’s use for a measurable period of time; or
Causes bodily harm to P, or causes harm to some person or thing in which P has a legally protected interest
Intent to cause such an interference, impairment, deprivation or harm
Must be more than a “trifle intermeddling” but is less than complete or substantial deprivation
Mistake as to ownership of chattel is no defense
Actual and Proximate Causation
Harm:
Generally requires a showing of actual harm in the form of damages, e.g., cost to repair, loss of value, loss of use, loss of possession, but nominal damages may be awarded
trespass to Chattel
An act which seriously interferes with the right of P’s exclusive possession of personal property so as to amount to a forced sale.
Conversion
