Intentional torts Flashcards
Battery
- Intentional infliction
- of a harmful or offensive
- bodily contact.
R3 Torts - must be the type of harm which society deems offensive (not a tap on the shoulder, even if it results in injury).
Assault
- Intentional
- causing of a reasonable apprehension
- of imminent
- harmful offensive contact.
Intentional infliction of emotional distress (IIED)
SCRAP
- Intentional or reckless infliction,
- by extreme and outrageous conduct,
- severe emotional or mental distress.
Inflicting emotional distress is a pretty low-down SCRAPpy thing to do:
Severe distress required Consent MAY be a defense Reasonable person standard (what they might endure) Actual damages required Physical manifestation not required
Intent definition
- Done with the purpose
- of producing a particular consequence or
- knowing that the consequence is substantially certain to result.
Note: distinct from mere recklessness
Subjective test - circumstantial evidence used to determine what’s going on in D’s head.
False imprisonment
- Intentional
- confinement (physical or threat of IMMINENT force)
- without consent or
- authority of law.
Trespass to land
PPP DIM
- Intentional
- Unlawful (no consent or necessity)
- Physical entry to real property in
- Possession of another
My chances of getting a PPP loan are DIM with such poor land values:
Physical invasion of person or thing Protects exclusive use and possession Privilege of consent or necessity could negate Damages NOT required (can be nominal) Intent NOT required Mistake NOT defense
Conversion of chattels
- Intentional
- exercise of dominion and control over
- personal property of another
- so severe as to require the converter to pay the property’s full value.
Trespass to chattels
- Intentional
- interference with
- a person’s use of chattels.
Intentional tort prima facie elements
- Voluntary act
- Intent (subjective)
- Causation (actual and proximate)
3rd party plaintiff (3PP) recovery for IIED
- Intentional or reckless infliction
- by extreme or outrageous conduct
- severe emotional mental distress
- P is a close relative
- P is present at time of IIED
- D knows 3PP is present
Private nuisance
- Nontrespassory interference
- with P’s interest
- in use or enjoyment of their property.
May satisfy with SL
Type and cause of damages for trespass or conversion of chattels
Please don’t steal my…
Please don’t steal my BATHS!
Bodily harm (as a result, e.g., conversion of medication)
Actual damages (special, proven with specificity)
Time (loss of use for a substantial period of)
Harm to property (impairment of value, quality or condition)
Stolen (dispossession, serious deprivation)
Transferred intent doctrine
and
Mistake doctrine
TID: The idea that intent to commit an intentional tort can be transferred to a different P or transformed to a different tort (BAFTT)
MD: If D intends to commit a tort, it is NO defense that D mistakes, even REASONABLY, the identity of the property or person he acts upon or he believes incorrectly that there is a privilege.
NOTE: Mistake doctrine does not apply to self-defense.
Public nuisance
- Unreasonable interference with another’s right to
- property rights public hold in common
- Unique - P must have unique harm.
- Utility - Courts will weigh utility of P vs. D’s purpose
A private citizen may being a public nuisance case if the harm they suffer is different from that of other residents.
