intentional torts Flashcards
1
Q
Battery
A
- Intent (D knows with subtantial certainty that 2 will occur)
- Harmful or offensive conduct
2
Q
Assault
A
- Intent
- Reasonable apprehension of an imminent battery
3
Q
Trespass to chattel
A
- Intent
- Interference with use
- Remedy = actual damages
4
Q
Conversion
A
- Intent
- Substantial interference with use
3,. Remedy = value of property at conversion
5
Q
Trespass to land
A
- Intent (no need to know whose land)
- Physical invasion of land (damage not needed)
6
Q
Intentional inflict of emotional distress (p v. d)
A
- Intent or recklessness (malice)
- Extreme and outrageous conduct
- Severe emotional distress
- only intentional tort where P has to prove damages (not presumed)
- only intentional tort where recklessness can satisfy intent
7
Q
Bystander rule IIED
A
- Close family member
- Defendant had knowledge
- Severe emotional distress
* Non-family member bystander:
Bystander must suffer PHYSICAL harm
8
Q
False imprisonment
A
- Intent
- Confined, bounded area (no known reasonable exit)
- Awareness of confinement or harm
- Shopkeeper privilege exception: Reasonable belief, manner, period of time
9
Q
Negligent trespass to land
A
- Negligently enter land of another
- Liable for damage to land
10
Q
Negligent infliction of emotional distress
A
- Negligent conduct
- Zone of danger
- Severe emotional distress and physical harm
11
Q
Bystander rule NIED
A
- close family member
- present at scene and observed event
- distress
12
Q
Mishandling of a corpse
A
- Negligent handling of a corpse
No physical harm required
13
Q
Transferred intent
A
- D intends to commit a tort, but commits
- A different tort or
- The same tort against a different person
- Both torts must be: assault, battery, false imprisonment, trespass to land/chattel
14
Q
Defenses to intentional torts
Consent
A
- Implied or express
Cannot exceed scope of consent
15
Q
Defenses to intentional torts
Self-defense
A
- Reasonable belief of attack
- Reasonable force
