Intentional Torts Flashcards
What are the consequentialist aims of tort law?
1) incentivize optimal level of care with CBA 2) society focused, forward looking 3) ex ante
Tort law is mostly about — not —
Compensation not punishment
What are the four basic prima facie elements of a torts
Duty, breach, causation, damages
Tort law is the law that governs —
Private wrongs when no agreements (K)
Tort law is trying to avoid —-
Too much interference in our private relationships
What are the aims of a corrective Justice view of tort law
1) Rectifying moral wrongs between parties by making wrongdoer compensate the wronged 2) Focused on parties at hand, backwards looking 3) ex post 4) signaling function
Consequentialism and corrective Justice are not — but sometimes —
Mutually exclusive, lead to different outcomes
What are the basic elements of an intentional tort
Intentional action (duty, breach), causation, damages
What are consequentialist theories behind intentional torts
Deter harmful conduct by making it costly especially since optimal level of it is zero, greater cost to P than D
What is the corrective Justice theory behind intentional torts
D did moral wrong so must make P whole by compensating
Intent can be satisfied with
Purpose OR substantial certainty
Battery is ..
1) an act 2) intending (purpose or certainty) to cause contact or apprehension 3) and causing harmful or offensive physical contact with a person or third person 4) that is unjustified and unconsensual
Why does battery tort include third person
Transferred intent
Intending the — but no intending the — is not battery
action, action to cause harmful or offensive contact
Is throwing a ball when playing catch and hitting someone’s face battery.
NO
Transferred intent applies to
All torts
— damages apply to all torts
Eggshell skull
Substantial certainty applies to —-
All torts
Intent is inferred from —- not —
Actions not state of mind
Eggshell skull rule holds that D is liable for —
All damages resulting from intended harmful contact whether foreseeable or not
How did the contest matter for intent in Vosburg
Playground kick vs classroom
Substantial certainty shows you can commit a battery without
Physical touch
Garage: even if no purpose if he had —- that P —, he would be liable
known with substantial certainty, would attempt to sit down on the chair after he kicked it
Single intent shows that liability stems from — not a —
Intent to make harmful contact, guilty mind
What is policy behind single intent
Tort law meant to be about compensation
Single intent means that ..
Intended act + intended contact + contact that is harmful or offensive satisfies tort
What was the damages wrinkle in Wagner case
She didn’t get compensate from single intent because state in custody of person and had immunity from battery damages
What are the pros to an insanity defense for battery
Not clear that you are deterring anything, may lead to over deterrence from their guardians, liability should follow fault and here there is one
What is a con to the insanity defense for battery
Sometimes no one at fault but should damages should go with person less at fault
What is offensive battery
Contact causing emotional or dignitary harm
Fisher held that can be battery even without
assault or physical contact with the body
There can be battery without physical contact to the body as long as there is ..
Contact with something attached to the body and practically identified
What are examples of items that contact with could constitute battery
Book, clothing, cane, plate
For offensive battery, the offense
May but doesn’t have to be related to the contact
What is policy behind offensive battery
Sphere of body extends beyond body but need to draw the line somewhere
Assault definition
Emotional harm by causing reasonable apprehension of physical harm
Elements of assault
Act intending and caused the P or third party to have the apprehension of immediate non consensual contact that if carried through would constitute battery
For assault — is the harm
Apprehension itself
A mere threat is ..
Not assault
When apprehension itself is the harm, damages may ..
Be only nominal
With assault and battery, you are liable for the ..
One you caused, not necessarily the one you intended
What is the policy behind assault
Don’t want people always feeling like they are about to be battered even if it doesn’t happen
If you caused both assault and battery you are
Liable for both
Apprehension is not the same thing as ..
Fear
For apprehension, you don’t have to think that the contact ..
Will be effective just that it will happen (gym bro vs small guy)
A sneak attack may be — but not —
Battery, assault
A third party put in apprehension by D and P’s sick joke only recovers if
She thinks she herself is in danger not P or D
Words alone are — need —
Not assault, immediacy and apparent ability to act
Policy behind words alone not assault
Free speech, not interfering too much in private lives
A conditional threat is not assault unless …
Unlawful condition, capacity for physical violence and immediate
Is “I would stab you if police weren’t around assault
No
Is “I will stab you if you don’t give the money while pointing to knife assault
Likely yes
First element of false imprisonment
He acts intending to confine the other or a third person in boundaries fixed by the actor
Second element of false imprisonment
His act directly or indirectly results in such a confinement of the other
Third element of false imprisonment
Other is conscious of the confinement OR harmed by it
Full elements of false imprisonment
Actor acts intending to confine the other or a third person in boundaries fixed by the actor that directly or indirectly results in such a confinement of the other and the other is conscious of the confinement or harmed by it
Confinement fixed by the actor must be
Complete
False imprisonment does not require ..
Physical force
Confinement is complete unless…
Reasonable means of escape AND other knows of it
If a route of escape… it is not reasonable
Risks possible harm to your person, property or dignity
If only escape route involves jumping in a pile of manure that won’t injur you is. That reasonable
No, dignitary harm
M serves B with fake court order he thinks is real saying he can’t leave NYC False imprisonment?
Yes, can escape reasonably but doesn’t know, large area doesn’t matter
Confinement is not limited by ..
Area size
M puts N on no fly list intentionally and knows incorrect. If she tries to fly and stopped is it false imprisonment
Yes, harmed by it even if didn’t know at time she was confined
M puts N on no fly list intentionally and knows incorrect. If she doesn’t try to fly and is removed before knowing is it false imprisonment
No , must be conscious of or harmed WHILE confinement happening
False imprisonment requires a … harm
Emotional/dignitary
