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Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

What are the prima facie elements of an intentional tort?

A

1) Voluntary act;
2) Intent to cause harm;
3) Causation; and
4) Resulting harm

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2
Q

What intent is needed for intentional torts?

A
  • Intent to cause a harmful result; or
  • Acting with knowledge that harm is substantially certain to result
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3
Q

Are children and the mentally incompetent liable for their own torts?

A

Yes, if they have the intent (knowledge) required for the tort.

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4
Q

Doctrine of transferred intent

A

If D intends to commit a tort but causes injury to a different victim OR commits a different tort than intended, original intent is transferred to the new victim/tort

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5
Q

Transferred intent applies to which torts?

A
  • Assault;
  • Battery;
  • False imprisonment; and
  • Trespass to chattels or land
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6
Q

Elements of battery

A

Intentional act;
That causes harmful, unwanted, or offensive contact to the plaintiff’s person

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7
Q

Are actual damages required for battery?

A

No, actual damages are not required. Without actual damages, the plaintiff can recover nominal and if defendant acted with malice, punitive damages

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8
Q

What qualifies as contact for battery?

A

Touching either:

  • P’s body;
  • Something that has a close physical connection to P’s body (purse, pet on a leash); or
  • Creating circumstances that will harm P (e.g. putting water on stairs so P will fall)
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9
Q

What constitutes harmful or offensive contact for battery?

A

Contact that:

  • Causes injury, pain, or any physical discomfort to P
  • Offends a reasonable person’s sensibilities

Remember it’s based on a reasonable person standard
There is an implied consent for ordinary contacts (e.g., bumping into people on subway)

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10
Q

Does P need to be aware of the contact to constitute battery?

A

No, only that the contact would be offensive to a reasonable person & D had the intent to cause the contact

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11
Q

Does P need to prove harm for battery?

A

No, only that the contact would be offensive to a reasonable person & D had the intent to cause the contact

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12
Q

What are the defenses to battery?

A

1) Consent;
2) Self-defense;
3) Defense of property; and
4) Defense of others

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13
Q

Define

Eggshell plaintiff rule

A

D will be liable for all injuries/damages to P even if injuries are not reasonably foreseeable (i.e. you take P as you found them, even if P is more susceptible to harm)

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14
Q

Elements of assault

A

1) Intentional act by D that creates;
2) P’s reasonable apprehension;
3) Of imminent harmful or offensive physical contact; and
4) Causation

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15
Q

What constitutes reasonable apprehension for assault?

A

P is aware of D’s act; and
Reasonably apprehends imminent harmful or offensive contact

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16
Q

Can reasonable apprehension exist if the D lacks the ability to commit assault?

A

Yes, as long as P didn’t know D lacked the ability. If P knew that D lacked the ability, then no reasonable apprehension would exist.

(Ex. If D says “I’m going to kill you with this gun in my bag,” but doesn’t actually have a gun, there is still reasonable apprehension unless the plaintiff knows D doesn’t have a gun in the bag)

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17
Q

Are mere words sufficient for assault?

A

No, unless in conjunction with other threatening conduct or circumstances

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18
Q

Are threats of future harm considered assault?

A

No, the P must fear immediate bodily harm

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19
Q

Elements of false imprisonment

A

1) D intends to confine or restrain P in a bounded area (area where P has no reasonable means of escape);
2) D actually confines or restrains P in bounded area;
3) P knows or is harmed by confinement

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20
Q

What constitutes confinement for false imprisonment?

A

Freedom of movement in all directions is limited with no reasonable means of escape.

Examples:
* Use of physical barriers, duress, or threats
* Invalid use of legal authority

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21
Q

Do threats of future or moral harm constitute confinement?

A

No

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22
Q

Does failing to release from confinement constitute false imprisonment?

A

Yes
(e.g. P gets trapped in the bathroom and D won’t let her out)

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23
Q

Define

shopkeeper’s privilege

A

A shopkeeper is not liable for false imprisonment if she:

1) Has a reasonable suspicion that P has stolen goods;
2) Uses reasonable force to detain P; and
3) Only detains P for a reasonable time to confirm/deny the suspicion
⚠️ Note: Only non-deadly force allowed. Shopkeeper can be liable for P’s injuries if actions exceed scope of privilege .

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24
Q

How long does D need to confine P to constitute false imprisonment?

A

Only briefly; duration is only important to determine damages

There is no specific duration

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25
Q

Can you negligently falsely imprison someone?

A

No, false imprisonment requires the intent to confine

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26
Q

When is proof of actual damages required to recover for false imprisonment?

A

Only if P was unaware of his confinement. Proof of actual damages is not required if P was aware.

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27
Q

Define

false arrest

A

False assertion of legal authority. Form of false imprisonment.

28
Q

Elements of IIED

A

1) D acts intentionally or recklessly;
2) With extreme and outrageous conduct; and
3) Causes P severe emotional distress
4) Actual damages are reguired

29
Q

What constitutes extreme and outrageous conduct?

A

Conducts that exceeds all bounds tolerated by a civilized society. Must be much more than mere threats & insults; must shock the conscience.

30
Q

Is non-outrageous conduct actionable under IIED?

A

No, unless:
* D is an innkeeper, common carrier, or in position of authority (teacher, boss, etc); or
* P is part of a particularly susceptible group (seniors, children, pregnant women, etc)

31
Q

What factors are considered when determing if conduct isextreme or outrageous?

A

1) Pattern of Conduct- continuous and repetitive conduct
2) Defendant owed victim fiduciary duty: Employer-Employee, Doctor-Patient
3) Common Carrier or Inn Keeper = High courtesy to customers
4) Use racial epithtest & homophobia
5) Vulnerable victims- young children, elderly, pregnant women, victims with phobias

32
Q

What is considered severe emotional distress?

A

Level of emotional distress that is expected to adversely affect mental health. Substantial & lasting.

33
Q

Are insults, indignities, threats, annoyands, petty oppressions or trivialities Extreme and Outrageous Conduct

A

No

34
Q

What is the only intentional tort that requires actual damages

A

IIED

35
Q

What elements are needed for a bystander to recover for IIED?

A

1) D intentionally or recklessly harmed a third party;
P was present at the scene and witnessed the event;
P was closely related to victim (i.e. immediate family);
D knew P was present and closely related; and
P suffers extreme emotional distress as a result
⚠️ Note: P does not need to prove the above elements if D’s design or purpose was to cause severe emotional distress to P

36
Q

Elements of trespass to land

A

1) D intentionally;
2) Physically invades P’s real property

37
Q

What constitutes intent for trespass to land?

A

Intent to enter the land; D doesn’t need to intend to interfere with P’s property

38
Q

What constitutes entry for trespass to land?

A
  • Physical invasioon by D
  • Object thrown/controlled by D
    ⚠️ Note: Smells, lights, sounds do not constitute trespass (but may be nuisance)
39
Q

Is mistake a defense to trespass to land?

A

No

40
Q

Elements for trespass to chattel

A

1) D intentionally;
2) Intermeddles or uses;
3) P’s personal property (chattel); and
4) Causes damage or loss of use

41
Q

Define

conversion

A

D intentionally exercises dominion and control over P’s property so as to deprive them of its use

42
Q

Is mistake a defense to conversion?

A

No

43
Q

Differentiate trespass to chattels vs. conversion

A

Trespass to chattels:
* Shorter in duration with less severe harm than conversion
* Can only recover cost of repair or rental value
Conversion:
* Significant interference that deprives P of use
* P can recover the full value + replevin

44
Q

What are the defenses to intentional torts?

A
  • Consent (express & implied);
  • Self-defense;
  • Defense of others;
  • Defense of property;
  • Necessity; and
  • Recapture
45
Q

What is express consent? When is it negated?

A

When P affirmatively communicates permission for D to act through words or writing.

Consent is negated when:

  • D’s conduct exceeds the scope of consent;
  • P lacked capacity to consent; or
  • Consent was gained through duress or fraud
46
Q

What is implied consent? When is it negated?

A

Reasonable inference that P consents through her conduct or custom (e.g. participating in boxing match)

Negated when conduct reasonably exceeds the scope of consent.

47
Q

If consent is given by mistake, is it still a valid defense?

A

Yes, unless:

  • D knows that P is mistaken and exploits it;
  • or D is responsible for the mistake
48
Q

Elements for self-defense

A

D subjectively and reasonably believes harm is imminent; and
D uses proportional force to protect herself

49
Q

When can deadly force be used for self-defense?

A
  1. D subjectively and reasonably believes harm is imminent; and
  2. D uses proportional force to protect himself
50
Q

Is there a duty to retreat?

A

Generally no, unless in a retreat jurisdiction (e.g. Washington, DC)

51
Q

When can the initial aggressor claim self-defense?

A

Only if the other person responded to non-deadly force with deadly force.

52
Q

Is a D allowed to act negligently while using self-defense?

A

No, a D will be held liable if they harm bystanders by acting negligently during self-defense (e.g. shooting a gun into a crowded sidewalk)

53
Q

What is the defense of others defense?

A

Defendant is entitled to defend others as long as they have a reasonable belief that the person they are defendingwould be entitled to self-defense

54
Q

If D mistakenly believes that she or another is in danger, can she still invoke self-defense or defense of others as a defense?

A

Yes, as long as the mistake was reasonable

55
Q

What is defense of property?

A

D is permitted to use reasonable, non-deadly force to prevent P from causing harm to D’s personal or real property

56
Q

What must D do before using reasonable force to defend property?

A

Ask the trespasser to stop

⚠️ Note: Not required if D believes request is dangerous or useless

57
Q

What is recapture of chattels?

A

Privilege to trespass & use peaceful means to get back one’s personal property from the wrongdoer

58
Q

When can force be used to recapture chattels?

A

Only when in hot pursuit of person who has obtained possession wrongfully (i.e. tort is in progress)

⚠️ Note: Deadly force is not allowed

59
Q

Do parents have the right to discipline their children?

A

Yes, parents and educators may use reasonable force to discipline children (reasonableness depends on child’s age and proportionality to the misbehavior)

60
Q

What is the** necessity defense**?

A

Allows D to reasonably interefere with P’s property to avoid a substantially greater harm (e.g. D damages P’s fence to try and save P’s burning house)

61
Q

What is the public necessity defense?

A

D destroyed or interfered with private property to protect the public from severe, imminent disaster

62
Q

Is public necessity an absolute defense?

A

Yes, D is not liable for any damages to the property

63
Q

When does private necessity arise?

A

When D interferes or trespasses on P’s property to prevent personal harm or harm to a small number of people

64
Q

Is private necessity an absolute privilege?

A

No, property owner can still recover actual damages for harm done to the property (but not nominal or punitive damages)

65
Q

True or False

Intentionally wrongful actions render D liable for all consequences of those acts, even if unintended and unforeseen

A

True

Torts (4 decks)

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