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Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

Elements of Battery

A
  1. Intent to cause contact (contact to be harmful or offensive for dual intent)
  2. Contact is harmful or offensive
  3. With the person of another
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2
Q

Elements of Assault

A
  1. Intent to cause apprehension of harmful or offensive contact
  2. Actually suffer reasonable apprehension.
  3. Of imminent harmful or offensive contact
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3
Q

Elements of IIED

A
  1. Intent to cause severe emotional distress (or recklessness)
  2. Extreme and outrageous conduct
  3. D’s actions cause severe emotional distress
  4. P sustains severe emotional distress
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4
Q

Elements of False imprisonment

A
  1. Intent to confine within boundaries fixed by D
  2. Confined within boundaries fixed by D
  3. Against one’s will
  4. Conscious of confinement or experiences physical harm as a result
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5
Q

Elements of Trespass to land

A
  1. P has ownership or possessory interest in land
  2. Intent by D to enter P’s land
  3. D enters or intrudes on P’s land
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6
Q

Elements of Trespass to Chattels

A
  1. D intentionally interfered or intermeddled with or uses/borrows D’s property
  2. Without consent
  3. Inference causes harm or actual interference with p’s access to chattel
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7
Q

Elements of Conversion

A
  1. D intentionally exercises substantial control or dominion over personal property
  2. It is the property of another.
  3. The dominion or control is a substantial interference – so much so that P is entitled to fair market value of item (not repairable or recoverable)
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8
Q

The defenses against intentional torts

A
  1. Consent
  2. Self-defense/defense of others
  3. Pubic necessity (complete)
  4. Private necessity (partial)
  5. Defense of property
  6. Shopkeeper’s privilege
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9
Q

Torts that have transferred intent

A
  1. Battery
  2. Assault
  3. False imprisonment
  4. Trespass to land
  5. Trespass to chattels

Intent transfers between torts and/or people

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10
Q

Intent for battery

A
  1. Purpose or desire
  2. KSC
  3. Transferred intent (from other tort or other person)
    • to cause contact OR cause contact and for the contact to be harmful or offensive
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11
Q

Intent for assault

A
  1. Purpose or desire
  2. KSC
  3. Transferred intent
    • to cause apprehension of a battery
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12
Q

Intent for IIED

A
  1. Purpose or desire
  2. KSC
  3. Recklessness - a conscious or deliberate disregard of a high probability that severe emotional distress would occur
    • to bring about severe emotional distress
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13
Q

Intent for false imprisonment

A
  1. Purpose or desire
  2. KSC
    3 Transferred
    • to confine within boundaries fixed by the actor (mistakes do not count)
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14
Q

Define intent for trespass to land

A
  1. Purpose or desire
  2. KSC
  3. Transferred intent
    • to enter land of other (believing it to be public property not a defense)
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15
Q

Define intent for trespass to chattels

A
  1. Purpose or desire
  2. KSC
  3. Transferred
    • interfere with, intermeddle with, borrow, use without permission the personal property of another
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16
Q

Define intent for conversion

A
  1. Purpose or desire
  2. KSC
    • exercise dominion or control over personal property of another
17
Q

Define defense of consent

A
  1. It is a complete defense that is evaluated from D’s perspective
  2. Must pass a reasonable person test
  3. Means by which consent can be manifested:
    A. Express
    B. Implied
    C. Customary practices
    D. By the law
  4. What is the scope of the consent given?
18
Q

What factors can negate consent?

A
  1. Age
  2. Fraud
  3. Duress (not economic)
  4. Incapacity (knew about or should have known)
  5. Illegality (cannot consent to illegal activity)
  6. Consent is withdrawn
19
Q

Elements self-defense

A
  1. Must honestly believe that they are threatened with harm
  2. One must reasonably believe that the action is needed to protect oneself from harm
  3. Responsive action must be proportionate to the threat
  4. Retreat rule/obligation may apply
    A. Stand your ground rule may also apply
20
Q

Define defense of others

A
  1. Must honestly believe that another is threatened with harm
  2. One would reasonably believe that action is needed to protect other from harm
  3. Response must be proportionate to the threat
21
Q

Define defense of property

A
  1. Reasonable force may be used to protect property
  2. Intent to inflict serious bodily harm or death is NOT reasonable
  3. Must ask party to leave property if it is reasonable to do so
  4. Does “hot pursuit” apply?
    • *Does the defense of property become self-defense?
22
Q

Define shopkeeper’s privilege defense

A
  1. Honest and reasonable belief that something has been stolen
  2. May detain and investigate in a reasonable manner
  3. For a reasonable amount of time
23
Q

Private necessity defense

A
  1. The privilege to interfere with the property of another to avoid greater harm
    • not a complete defense, may still be liable to compensate for damages
24
Q

Public necessity defense

A
  1. Allows appropriation or injury of another’s property to avoid more substantial public harm
  2. Supported by a reasonable belief
  3. Reasonable action taken to minimize or eliminate more serious public harm.
    • A complete defense, no liability
25
Q

Elements of defense of necessity

A
  1. Action taken based on a reasonable belief that there was an imminent physical injury to self, others, or the property of self or others
  2. Protection only last as long as is necessary
  3. Least damaging means are used for necessity
26
Q

Elements of IIED to a 3rd party

A
  1. 3rd party is close relative of primary victim
  2. 3rd party is at the scene
  3. The assailant must know about the presence of the 3rd party
  4. ➕ all other elements of IIED
27
Q

Define “harmful”

A

Does actual physical harm

28
Q

Define “offensive”

A

Offends a reasonable person’s sense of dignity.

Can also be subjective if D knows in advance of P’s fears, religious beliefs, etc.

29
Q

Define “contact”

A
  1. Physical contact with another person
  2. Can also be contact with something that has a “close connection” eg a hat, cane, and even plate

Torts (11 decks)

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