Intentional Torts Flashcards
Culpability Continuum
Negligence: Should have realized risk
Recklessness: Actually realized the risk of technical injury resulting
General Intent: Acting with substantial certainty that technical injury would result
Specific Intent: Desired for technical injury
What is an Intentional Tort
Intent is act is done with the purpose of causing of bringing about consequences/technical injury (specific) or act is done with substantial knowledge that it will certainly bring about consequence consequences/technical injury (general)
Person whom committed a tort
Tort Feaser
Applicable tort damages
Compensable and nominal
What things do not negate intentional torts
Mistakes, mental illness, age
Transfer Intent Doctrine
The necessary Intent to commit 5 specific torts transfer to those 5 specific torts. i.e if I can prove you had the necessary intent to to commit trespass to land but the actual injury that results was battery, then I have the necessary intent to prove battery
What intentional torts do Transfer intent doctrine apply to?
Battery, Assault, False imprisonment, Trespass to Land, Trespass to Chattel
Battery:
Harmful or offensive contact with the person of another.
Harmful contact:
contact resulting in physical impairment of the condition of another body or physical pain/ illness
Offensive contact:
bodily contact offending a reasonable sense of personal dignity.
What contact does not count as offensive contact
Ordinary contact which is contact that is customary and reasonably necessary to common intercourse of life
Contact for battery extends to
Touching anything connected with his person
Prima facie for Battery
An intentional (1) volitional act(2) that causes(3) harmful or offensive contact(4)
Assault:
intentional infliction of apprehension of imminent battery. Apprehension: “sees it coming”
Why do you have to be conscious to be assaulted ?
Because intent requires immanent apprehension
What is the prima facie case for Assult
An intentional (1) volitional act (2) that cause (3) apprehension of a immanent battery(4)
Trespass to Land
Intentionally causing entry into the real property of another
Unauthorized entry into the real property of another that interferes with the exclusive possession of property
Prima face elements for trespass to land
An intentional (1) volitional act (2) of interference(3) with possession of another land (4)
Real Property includes
all space upward or downward within reasonable limits
Trespass on land can occur from (3)
- failure to leave after consent/privilege has been terminated
- Enters another’s land or cause a thing or another person to do so
- Fails to remove a thing/structure after consent/privilege has been terminated
Damages on Trespass to land
Can be nominal or for any damage to land that occurs
Environmental Trespass
Intentional invasion of Microscopic particulate matter onto the real property of another
Damages for Environmental Trespass
- Actual & Substantial damages required
* No nominal damages
Nuisance:
interference with possessor’s use and enjoyment of real property
Interference in nuisance must be
substantial and unreasonable
What torts allow nominal damanges
Battery,assault, trespass to land
Trespass to Chattel
interference with possession of another’s chattel by causing
•either dispossession or impairment of condition, value, or quality or
•deprived of use for substantial period.
•Harm to something in which possessors has a legally protected interest.
Chattel
Personal moveable property
Damages in Trespass to chattel
no nominal damages,
diminution of value of chattel
Conversion:
Intentional exercise of dominion or control over chattel of another that so seriously interferes with possession that defendant justly forced to pay full value for chattel before conversion
Value can be diminished without physical damage
Intentional Inflection of Emotional Distress
By extreme & outrageous conduct intentionally or recklessly causes severe emotional distress in another.
Emotional distress is limited to
limited to what a reasonable person would suffer under those circumstances.
To inflict emotional distress one must
be aware of your presence
Intentional torts concerned with what a reasonable person thinks
False imprisonment (regard words) Emotional Distress ( within context of the situation...limited to what a reasonable person would suffer under those circumstances) Battery under Offensive Contact
Technical injury in a Battery & Assault
Technical injury in battery is harmful or offensive contact
Technical injury in assault is apprehension of imminent battery
Technical injury in Trespass to Land & Chattel
TI Land: interference with possession of one’s real property
TI Chattel: interference with possession of one’s chattel (movable personal property)
Technical injury in conversion & emotional distress
Emotional distress = severe emotional distress
Conversion: major destruction/interference of ones chattel ( so bad the possessor/owner is awarded market price value of chattel)
Torts that allow nominal damages
Battery, Assault, Trespass to land, False imprisonment
Affirmative Defense
When plaintiff can establish prima facie but defendant has reason why they are not liable
Types of Affirmative Defenses
- Consent
- Defense to Self
- Defense to Others
- Defense of Real Property
- Defense and Recovery of Personal Property
- Necessity
Consent:
Plaintiff may not recover for any intentional tort if it is established that the plaintiff was willing for the conduct or result to occur; when the plaintiff has manifest apparent consent OR when defendant is has privileged consent.
Consent is a defense to what torts
All intentional torts
In what ways can consent be implied or assumed
Implied would be doctors for emergency situations
Assumed can be based on local customs
Consent cannot be procured by is limited by what
Fraud or duress , limited in scope
Defense to Self
Privilege to use force to protect self against imminent serious bodily injury as long as defendant reasonably believes force is immediately necessary to avoid ongoing threat of injury.
Defense of self & others force is limited to what
Force must be proportionate to threat
Words and Defense of Self
Cannot use against words… must accompany threat of battery or assault
Defense of Others
Privilege to use force to protect 3rd person against imminent serious bodily injury in the same way that a 3rd person could use force to protect themselves.
Use of Deadly Force
Can only be used if you are being threated with deadly force
Cannot use deadly force with what 2 torts
Chattel, Trespass to property
For defense of real property, defendant must show
- Plaintiff was committing trespass
- Forced used was necessary to remove intruder from property
- Trespassers were asked to leave 1st and refused or any such attempt would have been useless or resulted in substantial harm
Defense & Recovery of Personal Property:
Privilege of reasonable force to recover chattel immediately after its dispossession and only when it can be done without unnecessary violence or breach of peace.
Defense & Recovery of Personal Property is limited to what :
Fresh Pursuit … must act immediately after dispossession… cannot use force after thief as escaped.
Defense & Recovery of Personal Property, you must 1st demand?
Must first demand return of chattel unless reasonably believes doing so is futile or dangerous.
Necessity types
Public & Private
Public Necessity -
Permits defendant to destroy, damage, or use the real property of another as long as defendant reasonably believes doing so is necessary to avert an imminent public disaster not connected with the plaintiff – Plaintiff cannot prevent someone acting in private necessity
Private Necessity
will still have to pay for actual damage that occurs but not the tort; Not considered a wrong recognized by law; o Permits defendant to destroy, damage, or use the real property of another as long as defendant reasonably believes doing so is necessary to protect some interest unique to them. – Plaintiff cannot prevent someone acting in private necessity
Which necessity offers a complete defense
Public Necessity…with private you still may have to pay for actual damages
