Intentional Torts Flashcards
1
Q
Elements of Battery
A
- Intent to cause contact (contact to be harmful or offensive for dual intent)
- Contact is harmful or offensive
- With the person of another
2
Q
Elements of Assault
A
- Intent to cause apprehension of harmful or offensive contact
- Actually suffer reasonable apprehension.
- Of imminent harmful or offensive contact
3
Q
Elements of IIED
A
- Intent to cause severe emotional distress (or recklessness)
- Extreme and outrageous conduct
- D’s actions cause severe emotional distress
- P sustains severe emotional distress
4
Q
Elements of False imprisonment
A
- Intent to confine within boundaries fixed by D
- Confined within boundaries fixed by D
- Against one’s will
- Conscious of confinement or experiences physical harm as a result
5
Q
Elements of Trespass to land
A
- P has ownership or possessory interest in land
- Intent by D to enter P’s land
- D enters or intrudes on P’s land
6
Q
Elements of Trespass to Chattels
A
- D intentionally interfered or intermeddled with or uses/borrows D’s property
- Without consent
- Inference causes harm or actual interference with p’s access to chattel
7
Q
Elements of Conversion
A
- D intentionally exercises substantial control or dominion over personal property
- It is the property of another.
- 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)
8
Q
The defenses against intentional torts
A
- Consent
- Self-defense/defense of others
- Pubic necessity (complete)
- Private necessity (partial)
- Defense of property
- Shopkeeper’s privilege
9
Q
Torts that have transferred intent
A
- Battery
- Assault
- False imprisonment
- Trespass to land
- Trespass to chattels
Intent transfers between torts and/or people
10
Q
Intent for battery
A
- Purpose or desire
- KSC
- Transferred intent (from other tort or other person)
- to cause contact OR cause contact and for the contact to be harmful or offensive
11
Q
Intent for assault
A
- Purpose or desire
- KSC
- Transferred intent
- to cause apprehension of a battery
12
Q
Intent for IIED
A
- Purpose or desire
- KSC
- Recklessness - a conscious or deliberate disregard of a high probability that severe emotional distress would occur
- to bring about severe emotional distress
13
Q
Intent for false imprisonment
A
- Purpose or desire
- KSC
3 Transferred- to confine within boundaries fixed by the actor (mistakes do not count)
14
Q
Define intent for trespass to land
A
- Purpose or desire
- KSC
- Transferred intent
- to enter land of other (believing it to be public property not a defense)
15
Q
Define intent for trespass to chattels
A
- Purpose or desire
- KSC
- Transferred
- interfere with, intermeddle with, borrow, use without permission the personal property of another
16
Q
Define intent for conversion
A
- Purpose or desire
- KSC
- exercise dominion or control over personal property of another
17
Q
Define defense of consent
A
- It is a complete defense that is evaluated from D’s perspective
- Must pass a reasonable person test
- Means by which consent can be manifested:
A. Express
B. Implied
C. Customary practices
D. By the law - What is the scope of the consent given?
18
Q
What factors can negate consent?
A
- Age
- Fraud
- Duress (not economic)
- Incapacity (knew about or should have known)
- Illegality (cannot consent to illegal activity)
- Consent is withdrawn
19
Q
Elements self-defense
A
- Must honestly believe that they are threatened with harm
- One must reasonably believe that the action is needed to protect oneself from harm
- Responsive action must be proportionate to the threat
- Retreat rule/obligation may apply
A. Stand your ground rule may also apply
20
Q
Define defense of others
A
- Must honestly believe that another is threatened with harm
- One would reasonably believe that action is needed to protect other from harm
- Response must be proportionate to the threat
21
Q
Define defense of property
A
- Reasonable force may be used to protect property
- Intent to inflict serious bodily harm or death is NOT reasonable
- Must ask party to leave property if it is reasonable to do so
- Does “hot pursuit” apply?
- *Does the defense of property become self-defense?
22
Q
Define shopkeeper’s privilege defense
A
- Honest and reasonable belief that something has been stolen
- May detain and investigate in a reasonable manner
- For a reasonable amount of time
23
Q
Private necessity defense
A
- 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
- Allows appropriation or injury of another’s property to avoid more substantial public harm
- Supported by a reasonable belief
- Reasonable action taken to minimize or eliminate more serious public harm.
- A complete defense, no liability
25
Q
Elements of defense of necessity
A
- Action taken based on a reasonable belief that there was an imminent physical injury to self, others, or the property of self or others
- Protection only last as long as is necessary
- Least damaging means are used for necessity
26
Q
Elements of IIED to a 3rd party
A
- 3rd party is close relative of primary victim
- 3rd party is at the scene
- The assailant must know about the presence of the 3rd party
- ➕ 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
- Physical contact with another person
- Can also be contact with something that has a “close connection” eg a hat, cane, and even plate
