Intentional Torts Flashcards
Prima Facie Case for Intentional Tort?
1) An act by defendant
2) Intent by defendant
3) Causation of the result to the plaintiff from the defendant’s act
What type of act is required for an an intentional tort?
A volitional movement.
What type of intent for an intentional tort?
The intent to bring about the forbidden consequences at the basis of the tort but D does not need to intend specific injury that results.
Transferred Intent?
D intends to commit a tort against one person but instead:
1) Commits a different tort against that person
2) Commits the same tort as intended but against a different person
3) Commits a different tort against a different person.
What can transferred Intent be invoked on?
Tort intended and tort that results need both be:
1) Assault
2) Battery
3) False Imprisonment
4) Trespass to Land
5) Trespass to chattles
Who is capable of intent of intent for Intentional Torts?
Anyone – even young children and incompetents. Incapacity is not a good defense.
Causation?
Legally caused by defendant’s act or a substantial factor in setting in motion the injury.
Battery?
1)Harmful or
2)offensive contact
3)with the plaintiff’s person
4)directly or indirectly caused by the defendant.
Harmful contact?
Harmful if it causes actual injury, pain, or disfigurement.
Offensive contact?
Unpermitted contact that would be offensive to a reasonable person.
When is consent implied for contact?
Ordinary every day life – minor bumping on a crowded bus.
Indirect contact?
Setting a trap for P to fall into.
Damages?
Not required – can recover nominal damages even if actual are not proved.
Damages for malicious conduct?
Punitive.
Assault?
1) Act by the defendant
2) That P knows of
3) which creates a Reasonable apprehension in Plaintiff
4) of an immediate battery (harmful or offensive conduct)
Apprehension?
It’s D’s apparent ability to commit battery. It’s not fear or intimidation. A weakling can cause a bully to apprehend offensive contact for Assault.
Words in Assault context?
1) Words alone are not enough. They must be coupled with conduct.
2) Words can negate a reasonable apprehension.
What’s time time element of assault?
Immediacy. P must be apprehensive of immediate battery.
Damages in Assault?
No need to prove actual. D can recover nominal.
Malicious conduct may be punitive damages.
False Imprisonment
1) Act or Omission
2) By defendant
3) that confines or restrains P
4) To a bounded area
5) with no reasonable means of escape
6) That P knows of
7) or is harmed by it.
Sufficient Methods of confinement or Restraint for FI?
1) Barriers
2) Physical force against P, immediate family or P property (snatching purse)
3) Direct or indirect or implied Threats of force
4) Failure to release P under a legal duty to do so (taxi driver) (air plane handicap person)
5) invalid use of Legal auth. (false arrest)
Insufficient methods of confine. Restrain for FI?
Moral pressure, future threats
Time element of FI?
Irrelevant?
Awareness for FI?
P must know of confinement or be harmed by it.
Bounded?
1) Freedom of movement must be restrained
2)with no reasonable means of escape
3) that are known to plaintiff.
Damages for FI?
Not required to prove.
Intentional Infliction of Emotional Distress?
1) A reckless act by D
2) that is extreme and outrageous conduct
3) and Plaintiff must suffer severe emotional distress.
What type of conduct triggers IIED?
Extreme and outrageous conduct that transcends all bounds of decency.
How can conduct be elevated for purposes of IIED?
If
A.) It’s continuous
or
B.) committed by a certain type of Defendant
C). It’s directed toward a certain type of P.
What type of D’s can elevate conduct for IIED?
Common carriers/ inn keepers (can be liable for gross insults)
What type of P can elevate?
1)Children,
2)elderly
3)pregnant
4) Super sensitive adults if sensitivities known to D
What is requisite intent for Int Torts?
Just recklessness to the effect of D’s conduct.
Damages for IIED?
Actual damages of severe emotional distress must be shown.
Do physical damages need to be shown for IIED?
No.
Is IIED a sliding scale damages wise?
Yes, more outrageous conduct by D, less proof of damage needed.
Which intentional tort requires damages to be shown?
Intentional infliction of Emotional distress?
Bystander Intentional infliction of Emotional distress?
Show EITHER
1) prima facie Case elements of ED
2) Distress resulted in bodily harm to P
3) Plaintiff is a close relative of victim
4) Defendant knew these things.
How should you use IIED on an essay?
As a fall back position. If another alternative tort is available that will allow recovery choose that one.
