Intentional Torts Flashcards
prima facie intentional torts case
intent + act by D + causation
substantial certainty = intent
transferred intent doctrine
as long as D intended to commit a tort, intent can transfer to a differnet person or tort or both
transferred intent torts
assault
battery
false imprisonment
trespass
battery
an intentional touching that is harmful or offensive to the plaintiff
harm/offense judged by a reasonable person
assault
an intentional act by D creating P’s reasonable apprehension of **immediate **harmful or offensive contact to P’s person
- P must be aware of D’s act
fear or initmidation NOT needed
words alone do not suffice (must have overt act)
false imprisonment
an intentional act by D resulting in P’s restraint or confinement to a bounded area
intentional infliction of emotional distress
extreme and outrageous intentional (or reckless) conduct by D causing P’s severe emotional distress
IIED bystander claims
same as IIED but also:
1. P was present at the time
2. P was a close relative to TP, or distress resulted in bodily harm; and
3. D **knew **these facts
trespass to land
a PHYSICAL entry of P’s real property by D without consent
(only need intent to enter)
no damage required
NOT light, sound, or smell (but check nuisance)
trespass to chattels
intentional interference of someone’s use/enjoyment of their personal property
(minor inconvenience or damage)
damages for repair
conversion
intent to exercise substantial dominion of someone else’s personal property
(significant interference or damage)
damages for full market value @ time of conversion or replevin
replevin = repossess chattel
causation
substantial factor to harm
IIED becomes subject only if
- D targets P’s known sensitivity or weakness
- D’s conduct is continuous or repetitive
- D targets a P who is a member of a “fragile” class, or
- D is a** common carrier or innkeeper**
