Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

Prima facie case for any intentional tort

A

To establish a prima facie case for any intentional tort, the plaintiff must prove
- an act by the defendant
- intent by the defendant
- causation of the result to the plaintiff from the defendant’s act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Act by defendant for any intentional tort

A

The act required is a volitional movement by the defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Intent

A

Intent that is relevant for purposes of intentional torts is the intent to bring about the forbidden consequences that are the basis of the tort

The defendant does not need to intend the specific injury that results

Everyone is capable of intent - incapacity is not a good defense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Transferred intent

A

Applies when the defendant intends to commit a tort against one person but instead
- commits a different tort against that person
- commits the same tort as intended but against a different person, or
- commits a different tort against a different person

The intent to commit a certain tort against one person is transferred to the tort actually committed or to the person actually injured for purposes of establishing a prima facie case

No attempted tort for the initial intent - that’s only criminal

Limitations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Limitations on the use of transferred intent

A

Transferred intent may be invoked only if both the tort intended and the tort that results are one of the following:
- assault
- battery
- false imprisonment
- trespass to land
- trespass to chattels

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Causation generally for all intentional torts

A

The result must have been legally caused by the defendant’s act or something set in motion by the defendant

Causation is satisfied if the defendant’s conduct was a substantial factor in bringing about the injury

Most cases causation will not be at issue for intentional tort because usually obvious

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Battery

A

In addition to intent, an act, and causation, battery also requires
- harmful or offensive contact
- contact must be with the plaintiff’s person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Harmful / offensive contact - battery

A

Contact is harmful if it causes actual injury, pain, or disfigurement

Contact is offensive if it would be considered offensive to a reasonable person
- offensive only if it hasn’t been permitted or consented to
- consent is implied for the ordinary contacts of everyday life

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Indirect or direct contact

A

Contact for a battery can be direct or indirect, like setting a trap for the pl to fall into

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Plaintiff’s person - battery

A

Plaintiff’s person includes anything connected to the plaintiff

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Damages for battery, assault, false imprisonment

A

The plaintiff can recover nominal damages even if actual damages are not proved

May recover punitive damages for malicious conduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Assault

A

In addition to intent, act, causation

Act by the defendant creating a reasonable apprehension in the plaintiff of an immediate battery (harmful or offensive contact to the pl’s person)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Apprehension - assault

A

The apprehension of harmful or offensive contact must be reasonable

Courts generally will not protect a pl against exaggerated fears of contact
- but will if the defendant knew of the fears of contact

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Fear and apprehension

A

Apprehension should not be confused with fear or intimidation
- a walking can cause a bully to apprehend contact

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Apprehension and knowledge of act

A

For apprehension to be shown, the plaintiff must have been aware of the threat from the defendant’s act

Although the pl does not need to be aware of the defendant’s identity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Apparent ability to commit battery

A

If the defendant has the apparent ability to commit a battery, enough to cause a reasonable apprehension

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Words and assault

A

In vast majority of cases, words alone are not enough

For defendant to be liable, the words must be coupled with conduct

But words can negate reasonable apprehension

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Immediacy and assault

A

The plaintiff must be apprehensive that they are about to become the victim of an immediate batter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

False Imprisonment

A

In addition to act, intent, and causation:
- an act or omission on the part of the defendant that confines or restrains the plaintiff
- the plaintiff must be confined to a bounded area

20
Q

Sufficient acts of restraint

A

Sufficient acts of restraint include
- physical barriers
- physical force directed against the plaintiff, immediate family, or personal property
- direct threats of force
- indirect or implied threats of force
- failure to release the plaintiff when under a legal duty to do so
- invalid use of legal authority

21
Q

Insufficient acts of restraint

A
  • moral pressure
  • future threats
22
Q

Time of confinement - false imprisonment

A

Irrelevant how short the period of confinment is

23
Q

Awareness of confinement - false imprisonment

A

The plaintiff must know of the confinement or be harmed by it

24
Q

Bounded area - false imprisonment

A

For an area to be bounded, freedom of movement must be limited in all directions

No reasonable means of escape known to the plaintiff

25
Q

Intentional infliction of emotional distress

A

Act, intent, causation

An act by the defendant amounting to extreme and outrageous conduct

The plaintiff must suffer severe emotional distress

26
Q

Extreme and Outrageous conduct - IIED

A

Conduct that transcends all bounds of decency

Not normally outrageous may become so if
- it is continuous in nature
- committed by a certain type of defendant (common carriers, innkeepers), or
- directed toward a certain type of plaintiff (children, elders, pregnant, supersensitive adults and def knows about the sensitivities)

27
Q

Requisite intent for IIED

A

Unlike for other intentional torts, recklessness as to the effect of the def’s conduct will satisfy the intent req

28
Q

Damages - IIED

A

Actual damages (severe emotional distress), not nominal damages, are required

Proof of physical injury generally is not required

More outrageous the conduct, the less proof of damages is required

29
Q

Causation in bystander cases - IIED

A

When the defendant’s conduct is directed at a third person, and the plaintiff suffers severe emotional distress because of it, the plaintiff may recover by showing either the prima facie case elements of emotional distress,

Or that
- they were present when the injury occurred,
- the distress resulted in bodily harm or the pl is a close relative of the third person, and
- the defendant knew these facts

30
Q

IIED and fallback tort

A

Intentional infliction of emotional distress is a fallback tort

Thus, if another alternative in exam question is a tort that will also allow the pl to recover, should be chosen over this alternative

31
Q

Trespass to land

A

Act, intent, causation

Physical invasion of the plaintiff’s real property

32
Q

Physical invasion - trespass to land

A

The invasion may be by a person or object

If intangible matter enters, may have a case for nuisance, but not for trespass

33
Q

Real property and claim belongs to whom - trespass to land

A

Real property includes not only the surface, but also airspace and subterranean space for a reasonable distance

Trespass claims belong to the person with the right to possess the property, and not necessarily the owner

34
Q

Intent for trespass to land

A

The defendant need intend to enter onto that particular piece of land

The defendant does not need to know that the land belonged to another

35
Q

Damages - trespass to land

A

Damages are not required

The plaintiff can recover without showing actual injury to the land

36
Q

Trespass to chattels

A

Act, intent, causation

Act by the defendant that interferes with the plaintiff’s right of possession in a chattel

Two types of interference

37
Q

Two types of interference - trespass to chattels

A

The interference may either be an intermeddling (directly damaging the chattel), or

A dispossession (depriving the plaintiff of their lawful right of possession of the chattel)

38
Q

Intent - trespass to chattels

A

Intent to trespass is not required - intent to do the act of interference is all that is needed

Mistaken belief that they own the chattel is no defense

39
Q

Damages - trespass to chattels

A

Actual damages are required

But actual damages are not necessarily needed to the chattel - but at least damages to a possessory right

40
Q

Conversion

A

Act, intent, causation

Act by the defendant that interferes with the plaintiff’s right of possession in a chattel

Interference is serious enough in nature or consequences to warrant that the defendant pay the chattel’s full value

41
Q

Acts of conversion

A

Acts of conversion include
- wrongful acquisition (theft)
- wrongful transfer
- wrongful detention, and
- substantially changing, severely damaging, or misusing a chattel

42
Q

Intent - conversion

A

Mistake as to ownership is no defense, like trespass to chattels

The only intent required is the intent to do the act that interferes with the pl’s right of possession

43
Q

Seriousness of interference - conversion

A

The longer the withholding period and the more extensive the use, the more likely it is to be conversion

A less serious interference is trespass to chattels

44
Q

Subject matter of conversion

A

Only tangible personal property and intangibles that have been reduced to physical form are subject to conversion

45
Q

Remedies for conversion

A

May recover damages - fair market value at the time of conversion, or

Possession - replevin

Torts (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions