Intentional Torts Flashcards
Battery
Intent to cause harmful/offensive contact
-offensive = un-permitted
-intent = knew with substantially certainty that it would occur
Causes harmful/offensive contact with the plaintiff’s person (or anything connected to plaintiff)
Assault
Intent to cause harmful/offensive contact or to cause apprehension of an imminent harmful/offensive contact
-apprehension = awareness
Causes reasonable apprehension of an imminent harmful/offensive contact
False Imprisonment
Intent to confine or restrain plaintiff in a bounded area
-bounded = no reasonable means of escape known to plaintiff
Causes plaintiff to be confined to a bounded area
-plaintiff must know or be injured by it
IIED
Intent to engage in extreme and outrageous conduct
-EO = beyond all bounds of decency
-recklessness is enough
Causes severe emotional distress
Bystander IIED
-Present when injury to third party occurred
-Plaintiff’s distress caused bodily harm OR plaintiff was a close relative of the third party
-Defendant knew these facts
TTL
Intent to enter (or cause an object to enter) a particular piece of land
Causes physical invasion of another’s real property
TTC
Intent to do an act that interferes with the plaintiff’s right of possession in a chattel
Causes damage to the chattel or deprives plaintiff of their lawful right of possession in the chattel
-remedy = actual damages from the harm to chattel or loss of use
Conversion
Intent to do an act that interferes with the plaintiff’s right of possession in a chattel
Causes serious enough damage to the chattel that the defendant must pay the chattel’s full market value at the time of conversion
Intentional Tort Defenses
Consent
Self-Defense
Defense of others
Defense of property
Shopkeeper
Necessity
Consent
-express or implied by custom or conduct
-by one with capacity
-act is within the scope of that consent
Justifications
Self-Defense
-reasonable belief
-as much force as reasonably necessary
-no duty to retreat
-not initial aggressor unless escalation
Defense of Others
-reasonably believe the other could use force
-as much force as reasonably necessary
Defense of Property
-no deadly force
-request to leave first if possible
-not available if the trespass was privileged
Shopkeeper
-reasonable belief of theft
-reasonable manner of detention
-no deadly force
-reasonable period of time
Necessity
-avoid injury from natural/other forces when the threatened injury is more serious than the invasion
-public = absolute
-private = limited number of people; pay for any damages to property
Transferred Intent
Intent to commit a certain tort or a tort against a certain person is transferred to the tort actually committed or the person actually injured.
Applies to:
Battery
Assault
TTL
TTC
False Imprisonment
