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Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

What are the elements of Battery?

A

An act
Intent to touch (purpose or substantial certainty)
Causes harm or offense

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2
Q

What is intent in intentional torts?

A

Purpose OR substantial certainty

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3
Q

What are the elements of Assault?

A
  1. An act
  2. Intent to create
  3. An imminent
  4. Apprehension
  5. Of harm or offense
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4
Q

What is apprehension in assault?

A

No fear required– just have to anticipate harm or offense that would result in battery if completed

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5
Q

How do you measure apprehension in assault?

A

Objective - if a reasonable person would’ve apprehended harm or offense, ∆ can assume π would

Subjective - if ∆ knows that π is especially sensitive about something

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6
Q

How do you measure imminent in assault?

A

Consider time, geography, conditions.

Conditional language ≠ assault

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7
Q

Are words alone enough for assault?

A

No - need to think they are going to be acted on imminently

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8
Q

Is choice of torts an assault?

A

Yes

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9
Q

What are the elements of False Imprisonment?

A
  1. Intent
  2. Confinement
  3. Without lawful privilege
  4. Against consent
  5. Within a limited area
  6. Any amount of time
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10
Q

What has to happen for the victim to be able to claim False Imprisonment?

A

They need to have been aware of it or suffered actual harm

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11
Q

Does duress count for False Imprisonment?

A

Yes, if reasonable, then threat counts. Don’t need physical force

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12
Q

Is motive relevant in False Imprisonment?

A

No

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13
Q

What are the elements of Intentional Infliction of Emotional Distress?

A
  1. ∆’s intentional or reckless behavior
  2. ∆’s conduct is extreme and outrageous
  3. ∆’s conduct is the cause of π’s emotional distress
  4. π actually has severe emotional distress
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14
Q

What kind of intent is there for IIED?

A

Dual

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15
Q

How do we measure intentionally/ recklessly in IIED?

A

Objective standard - a reasonable person would know there’s a high chance of causing ED so ∆ should know too

Subjective standard - ∆ knows that ED is highly probable and does it anyway

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16
Q

What counts as extreme and outrageous behavior in IIED?

A 
Must be atrocious. Beyond all decency.
Consider
- repetition
- duration
- power balance 
- emotional vulnerable π
- special relationship
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17
Q

How do you prove π has emotional distress for IIED?

A

High bar - need evidence of medical treatment, diagnosis, duration, intensity. Must show it’s beyond what any reasonable person would be expected to endure

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18
Q

What is the meaning of ‘thin skull plaintiff’?

A

Extended liability – ∆ is responsible for all consequences that came out of his action, even if he didn’t expect π to be such a weakling

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19
Q

What does the second restatement say is the test for Bystander Liability for IIED?

A

Plaintiff must be IMMEDIATE FAMILY or PRESENT

or

Plaintiff doesn’t have to be family but must be PRESENT and suffer BODILY HARM

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20
Q

What does the third restatement say about Bystander Liability for IIED?

A

Plaintiff must be a CLOSE FAMILY member and PERCEIVE the event contemporaneously

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21
Q

What are the elements for Trespass to Land?

A
  1. π has ownership in land
  2. Intentional and tangible entry by ∆
  3. Harms π’s interest in exclusive possession of the land
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22
Q

Do you need actual harm for Trespass to Land?

A

No, don’t need actual damage – just need to have interfered with owner’s right to exclusive possession

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23
Q

What counts as entry for Trespass to Land?

A

If ∆ intentionally enters or intentionally causes something else to enter (throws a shoe).

But if he is in a car crash and is thrown onto the land, that doesn’t count because he didn’t mean to.

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24
Q

What kind of intent is needed for Trespass to Land?

A

Single intent: only need intent to enter, not intent to offend.
(Transferred intent also works – throwing a shoe at someone to batter them, but it lands on owner’s property)

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25
Q

What is a trespasser liable for in Trespass to Land?

A

Damages directly caused by his trespass (extended liability can apply)

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26
Q

What are the damages for Trespass to Land?

A

Nominal

Compensatory

  • cost of repair or diminished value of land
  • consequential damages –> loss of use, discomfort, annoyance
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27
Q

What are the elements of Conversion of Chattels?

A
  1. Exercising substantial control over chattels
  2. With the intent to do so
  3. In a way that is inconsistent with the owner’s rights
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28
Q

What are the remedies (damages) for Conversion of Chattels?

A
  • Value of chattel at time of conversion or market value
  • Consequential damages (loss of use, annoyance)
  • Pain and suffering (rarely allowed)
  • Punitive
  • Replevin!
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29
Q

Someone who steals a watch and sells it. Who is guilty of Conversion of Chattels?

A

Both buyer and seller are converters

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30
Q

Someone steals a watch and sells it to Cabo Jewelry, who then sells it to Oley. Who is guilty of conversion?

A

Just the thief. When there is a Merchant/ Bona Fide Purchaser, breaks the chain of conversion

31
Q

If someone gets a watch by fraud and then sells it to someone else, who is guilty of conversion?

A

Just the fraudster. Subsequent purchasers aren’t guilty

32
Q

If it’s serious enough that a court would make you pay for the cost of the entire item, is it conversion or trespass to chattels?

A

Conversion

33
Q

If the court would make you pay to ‘rent’ something rather than buy it, is it conversion or trespass to chattels?

A

Trespass

34
Q

What are the elements of Trespass to Chattels?

A
  1. Intentionally
  2. Physically interfering with the use and enjoyment of personal property
  3. Harm to the chattel (damage or dispossession)
35
Q

What is the remedy (damages) for Trespass to Chattel?

A

Amount of reduced value of chattel/ damage to item

36
Q

What kind of intent is there in Battery?

A

Dual intent - majority

Single intent - minority and Third Restatement favors

37
Q

What’s the majority rule for intent in Battery?

A

Dual intent - intent to make contact
AND
intent to cause harm or offense

38
Q

What is the minority rule for intent in Battery?

A

Single intent - and third restatement favors

39
Q

What kind of intent does the Third Restatement favor for Battery?

A

Single (which is minority rule)

40
Q

How do we measure harm or offense in Battery?

A

Objective - if reasonable person would find it offensive

Subjective - if π is especially sensitive and ∆ knows it

41
Q

When can parents be liable for kids’ intentional torts?

A
  1. Parent is at fault (leaving matches around arson kid)
  2. Parent eggs kid on
  3. Parent is the kid’s employer
  4. There’s a relevant statute
42
Q

What kind of damages can someone get from parents for intentional tort their kid committed?

A

Damages are very limited - in Oregon, can’t get more than $7,500

43
Q

What is the Rule of 7s?

A

Minority rule that kids under 7 can’t be liable for intentional torts

44
Q

What is the extended personality rule?

A

Having contact with something that the π is touching might constitute a battery

45
Q

Does the π need to be aware of what’s happening for a Battery? Assault? False Imprisonment? IIED?

A

Battery - No

Assault - Yes

False Imprisonment - Yes, or suffer physical harm

IIED - if a bystander, need to be family and perceive contemporaneously (third restatement)

46
Q

Would kids and mentally handicapped be liable for intentional torts under Dual Intent? Single?

A

Under dual – probably not. Under single – yes.

47
Q

What does Purposeful Infliction of Bodily Harm require and not require?

A

Requires harm

Does not require contact or knowledge/ substantial certainty

Ex: moving ergonomic chair so coworker will hurt back or moving phone out of reach of dying guy

48
Q

What are damages for battery?

A

Compensatory (pecuniary and pain and suffering)

Punitive (if ∆ acted with malice)

Nominal

49
Q

What are damages for Assault?

A

Compensatory

Nominal

Punitive

50
Q

What are exceptions for Bystander IIED?

A

Terrorism, sex abuse (so parents can collect even though they obviously weren’t there)

51
Q

Name the defenses to Intentional Torts

A
  1. Self Defense
  2. Defense of a third person
  3. Defense of property
  4. Shopkeeper’s privilege
  5. Discipline
  6. Consent
  7. Public or private necessity
52
Q

When can Self Defense be used?

A

∆ can use reasonable force if ∆ reasonably believes the use of physical force is necessary to prevent or repel an imminent attack or confinement

53
Q

When can deadly force be used?

A

Deadly force can only be used as self defense if deadly force is threatened

54
Q

Are reasonable mistakes allowed in Self Defense?

A

Majority - Yes

Minority - No

55
Q

Is retreat necessary for Self Defense?

A

Majority - no retreat necessary

Minority - Must try to retreat before using deadly force
Exception - if in own home or in stand your ground state

56
Q

When can defense of a third person be used?

A

You can always defend a third person if that person would have had the privilege of self defense

57
Q

Are reasonable mistakes okay for defense of a third person?

A

Majority Rule and Second Restatement - Yes, reasonable mistakes okay

58
Q

What are the elements for using Shopkeeper’s Privilege?

A
  1. Reasonable belief that someone was shoplifting
  2. Detain for purposes of investigation (calling the cops)
  3. Detain person for reasonable time and in reasonable manner
59
Q

Is reasonable mistake okay for Shopkeeper’s Privilege?

A

Yes

60
Q

When can Discipline be used as a defense for intentional torts?

A

If the parent reasonably believes force is necessary and uses reasonable force

61
Q

What does reasonable force mean for Discipline?

A

Consider

  1. Degree of force
  2. Amount of pain
  3. How bad the kid was
  4. What was used
62
Q

What restatement got rid of corporal punishment privilege for teachers?

A

Third – BOOOOOOO

63
Q

When can you use Defense of Property/ Chattels?

A

Use is limited - pretty much must be in hot pursuit.

Never have privilege of deadly force unless they are threatening our life.

No death traps.

64
Q

Is reasonable mistake okay for Defense of Property/ Chattels?

A

Yes

65
Q

When does the defense of consent not work?

A
  • Duress
  • Power imbalance
  • Lack of capacity (underaged, mentally handicapped)
  • Fraud
  • Crime (3rd restatement says can consent to crime except for statutory stuff)
  • Mistake
66
Q

What does the third restatement say about consent in sex?

A

No means no

67
Q

What is actual consent?

A

Can be expressed nonverbally or verbally (nodding or saying yes)

68
Q

What is apparent consent?

A

Depends on ∆’s reasonable belief (holding out hand means ∆ can reasonably believe you want a handshake)

69
Q

What is presumed consent?

A

Depends on social customs and ∆’s reasonable belief (slap ass in baseball)

70
Q

What does the defense of public necessity require?

A
  • ∆ did it because they were protecting a public interest
  • ∆ acted in good faith
  • apparent necessity
  • preventing a greater evil
71
Q

What does the defense of private necessity require?

A
  • ∆ did it because they were protecting a private interest
  • ∆ acted in good faith
  • apparent necessity
  • preventing a greater evil
72
Q

What kind of privilege is public necessity?

A

Absolute privilege - ∆ won’t have to pay any damages

73
Q

What kind of privilege is private necessity?

A

Qualified privilege – ∆ can do it, but they’ll have to pay for damage they cause

74
Q

Is reasonable mistake okay for public and private necessity?

A

Yes

Torts (9 decks)

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