Intentional Torts Flashcards
Battery
intentionally causing harmful OR offensive contact against P
Assault
intentionally causing reasonable apprehension of imminent harmful OR offensive contact against P
Trespass to Chattel
intentionally interfering with use of P’s tangible personal property
Conversion
intentionally AND substantially interfering with use of P’s tangible personal property
Trespass to Land
intentionally AND physically invading P’s real property
Intentional Infliction of Emotional Distress
- intentionally OR recklessly;
- acting with extreme AND outrageous conduct; AND
- causing P severe emotional distress
IIED to [Close Family] Bystander
[close family member] contemporaneously percieved D’s conduct, D knew family member was present, caused family member severe emotional distress
IIED to [NON-Family] Bystander
[NON-family] contemporaneously perceived D’s conduct, D knew bystander was present, caused bystander severe emotional distress AND physical harm
False Imprisonment
intentionally confining OR restraining P in bounded area, AND P is aware of OR harmed by the confinement
Shopkeeper’s Privilege
(*exception to False Imprisonment)
- [shopkeeper] reasonably believed P was shoplifting,
- detained P in reasonable manner for reasonable time, AND
- was to investigate the facts
Negligent Trespass to Land
= negligently entered P’s land AND damaged the land
Negligent Infliction of Emotional Distress
Rule:
- (1) D acted negligently;
- (2) P was in the “zone of danger”of D’s threatened physical impact; AND
- (3) caused P to suffer *PHYSICAL SYMPTOMS* AND severe emotional distress
*if D had special relationship duty to P, threatened physical impact & physical symptoms are NOT required (e.g., doctor negligently misdiagnoses patient with terminal disease she doesn’t have; common carrier mistakenly reporting death of a relative)
NIED to [Close Family] Bystander
Rule:
- (1) Victim’s close family member;
- (2) was present when Victim was injured; AND
- (3) contemporaneously perceived the injury
*NON-Close Family Member cannot sue based on NIED
NIED for Mishandling a Corpse
= D negligently handled a corpse** causing P **severe emotional distress
*no physical harm to P required – just emotional distress
What torts does Transferred Intent apply to?
Transferred Intent only applies to: Battery, Assault, False Imprisonment, Trespass to Chattels
& Trespass to Land
*it DOES NOT APPLY to Conversion and IIED
Self-Defense
= if have reasonable belief of imminent attack**, can use **reasonable force to defend yourself
Defense of Others
= reasonable belief** that **3<u>rd</u> party will be imminently attacked
Defense of Property
= if have reasonable belief you can stop invasion of your land, you can use reasonable NON-DEADLY force to defend
Private Necessity
= D’s intrusion was reasonably necessary to prevent serious harm to self or limited number of other people
*defense for Trespass to Land usually
*D IS liable for Actual Damages to P’s property
E.g., you’re flying a plane that’s about to crash, so you land on someone’s land to avoid crashing – you’re liable for damages from messing up their grass, etc.
Public Necessity
= D reasonably believed his intrusion was necessary to protect a large number of people** from a **PUBLIC** **calamity
*D is NOT liable for damage to P’s property
E.g., someone trying to stop the spread of fire/disease, or invasion by foreign military
