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Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

Establishing a Prima Facie Case for any intentional tort, the plaintiff must prove:

A

An act by the defendant

Intent by the defendant

Causation of the result to to the plaintiff from the defendant’s act

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2
Q

Act by the Defendant

A

the act required is a volitional movement by the defendant.

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3
Q

Intent

A

The 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.

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4
Q

Transferred Intent

A

The transferred intent doctrine applies when the defendant intends to commit a tort against one person but instead:

  1. commits a different tort against the person;
  2. Commits the same tort as intended but against a different person; or
  3. Commits a different tort against a different person.

In such cases, 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.

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5
Q

Limitations on Transferred Intent

A

Transferred intent may be invoked only if both the tort inteded and the tort that results are one of the following:

Assault
Battery
False Imprisonment
Trespass to Land
Trespass to Chattels

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6
Q

Causation

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.

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7
Q

Intentional Torts to the Person

A

Battery
Assault
False Imprisonment
Intentional Infliction of Emotional Distress (IIED)

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8
Q

Battery - elements

A
  1. D caused harmful or offensive contact
  2. Contact is with P’s person
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9
Q

Harmful or Offensive Contact

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.

Contact is deemed offensive if it is unpermitted by reasonable person.

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10
Q

Direct or Indirect Contact

A

Contact can be direct (I.e., striking the plaintiff) or indirect (I.e., setting a trap for the plaintiff to fall into)

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11
Q

Plaintiff’s Person

A

P’s person includes anything connected to the plaintiff (I.e., clothing or purse included)

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12
Q

Battery - Damages

A

Damages not required - the P can recover nominal damages even if actual damages aren’t proved.

The P may recover punitive damages for malicious conduct

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13
Q

Assault - Elements

A
  1. D must create reasonable apprehension in the P (P must have awareness they are going to suffer a battery - I.e., you have to see it coming; if unaware - no assault).
  2. Knowledge of an immediate battery (harmful or offensive touching)

No requirement of fear for assault - only that P sees it coming.

Even if battery can’t be completed, assault may still occur depending on what the P knows, or reasonably anticipates a battery will happen.

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14
Q

Assault - Effect of Words

A

Words alone are not enough. For the defendant to be liable, the words must be couple with conduct.

However, words can negate reasonable apprehension - I.e., words can negate and destroy immediacy.

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15
Q

Requirement of Immediacy - Assualt

A

The P must be apprehensive that they are about to become the victim of an immediate battery.

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16
Q

Assault - Damages

A

Damages not required - the P can recover nominal damages even if actual damages are not proved.

Malicious conduct may permit recovery of punitive damages.

17
Q

P and D are playing tennis. D runs towards P swinging her tennis racket intending to scare P. As she nears P, D slips and the racket injures P.

Does P have a valid battery claim against D?

A

Yes.

D will have a battery claim because of transferred intent. P committed all necessary elements for assault. Intent may be transferred if a different tort is committed against the same person. D wanted to assault but it becomes battery.

18
Q

False Imprisonment - elements

A
  1. An act or omission on the part of the defendant that confines or restrains the plaintiff
  2. The P must be confined to a bounded area
19
Q

Methods of Confinement or Restraint

A

Something that confines or restrains an individual from leaving wherever they are.

Threats can constitute restraint; it does not have to be a physical barrier. Credible threats are enough.

Failure to act can constitute a restraint if there is a legal duty to act.

Act of omission is a restraint too.

Sufficient acts of restraint include:

Physical Barriers

Physical force directed against the P, 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 (I.e., taxi driver refusing to let customer out)

Invalid use of legal authority (I.e., false arrest)

20
Q

Time of Confinement

A

it is irrelevant how short the period of the confinement is.

21
Q

Awareness of Confinement

A

P must be aware/cognizant of the confinement or if not aware, must be harmed by confinement to constitute false imprisonment.

22
Q

What is a bounded area?
Way out of bounded area?

A
  1. P must have freedom of movement limited in all directions
  2. There must be no reasonable means of escape known to the P, or that the P can reasonably discover.

NOTE: boundaries are not always physical.

The way out of a bounded area can’t be:

Dangerous,
Disgusting,
Humiliating, or
Hidden

ASK: is the alternative way out reasonable?

23
Q

Intentional Infliction of Emotional Distress (IIED) - Elements

A
  1. An act by the defendant amounting to extreme and outrageous conduct
  2. The plaintiff must suffer sever emotional distress
24
Q

Extreme and Outrageous conduct

A

exceeds all bounds of decency tolerated in a civilized society.

Mere insults are not considered outrageous.

There is no conduct that is definitively outrageous in all situations.

Hallmark of Outrageousness:
1. conduct is repetitive in nature
2. D is common carrier or innkeeper - if they do something with intention to distress you elevates to IIED.
3. P is member of fragile class - young children, elderly people, pregnant woman.

Targeting known sensitivity is treated as outrageous - D knowns of sensitivity.

25
Q

P must have severe emotional distress

A

No mandatory type of evidence required; can prove element however you want - jury then decides if sufficient.

This is subjective; look for fact that is exact opposite. (ex - P was “mildly annoyed” - by definition, P is not severely distressed).

26
Q

Intentional Torts to Property

A

Trespass to Land
Trespass to Chattels

27
Q

Trespass to Land - Elements

A
  1. Physical invasion
  2. of land

The trespass claim belongs to the person with the right to possess the property; this is not necessarily the owner

28
Q

Physical invasion

A

Two methods of physical invasion -

  1. By person - awareness of boundary is not needed; deliberate act is required.
  2. By Object - Invasion must be something tangible (I.e., baseball thrown through window); sound/odor/light is not trespass because they are not tangible (may be nuisance); physical invasion does not have to be destructive.
29
Q

Land

A

Land includes air above / soil below to reasonable distance.

30
Q

Trespass to Chattels - Elements

A

Intentional Interference with D’s personal property that warrants D pay damages

31
Q

Interference - Trespass to Chattels and Conversion

A

Two types of interference:

  1. damaging it
  2. deprive lawful right of possession

Small interference/harm = trespass to chattels

big interference/harm = conversion

32
Q

Conversion - elements

A

Intentional interference with P’s personal property so serious that warrants D pay property’s full value.

D pays full value - you break it, you buy it.

Torts (7 decks)

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