Intentional Torts Flashcards
Intentional Torts - Intent Defined
- Subjective: depends on the state of mind of the actor at the time
- An actor “intends” the consequence of his action if he desires the consequences or substantially certain that the consequences will result.
- Purpose or knowledge to a substantial certainty
- Transferred Intent: intent can can transfer between people and between torts (not IIED).
Intentional Torts to the Person
(1) Battery
(2) Assault
(3) False Imprisonment
(4) Intentional Infliction of Emotional Distress
Battery
Prima Facie Case:
(1) Intent - to contact in a prohibited way
(2) Contact - actual physical contact to person or something closely connected to them.
(3) Harmful or offensive to a reasonable person.
Assault
Prima Facie Case:
(1) Intent - to ceate a reasonable apprehension of an imminent battery
(2) Actual reasonable apprehension of an imminent battery.
(3) The apparent means to complete a battery.
False Imprisonment
Prima Facie Case:
(1) Intent - to confine
(2) Actual complete confinement
Confinement:
- Reasonable means of escape will eliminate liability
- Indirect confinement could be actual (seizing car keys)
Intentional Infliction of Emotional Distress (IIED)
Prima Facie Case:
(1) Specific Intent - purpose or knowledge to reasonable certain of creating emotional distress
(2) Extreme or outrageous behavior - beyond the toleration of reasonable members of society
(3) The act causes severe emotional distress
(4) The plaintiff has severe emotional distress.
- Damages are required
Intentional Torts to Property
(1) Trespass to Land
(2) Intentional Interference with Movables
(3) Intentional Interference with Contractual Relationship
Trespass to Land
Prima Facie Case:
(1) Intent – P/KTSC of entrance
(2) Entrance – actual physical entrance on land of another
- Knowledge – of the land belonging to another is not required. “Just have to have the intent of putting one foot in front of the other”
Intentional Interference with Movables
Prima Facie Case:
(1) Intent – to interfere with dominion or use/enjoyment of chattel of another
(2) Interference - substantial dominion or interference with use/enjoyment
- Conversion: damage to a chattel requiring a “forced sale”
- Mistake is not a defense
Intentional Interference with Contractual Relationship
Prima Facie Case:
(1) Contract between P and 3P
(2) D must have knowledge of the contract
(3) D intentionally interferes with the contract
(4) Causation of damage
Reputational and Informational Torts
(1) Defamation
(2) Invasion of Privacy
(3) Malicious Prosecution and Abuse of Process
Defamation
Prima Facie Case:
(1) False and defamatory statements concerning another
(2) Unprivileged publication to a 3P
(3) Fault (negligence or greater) on part of the publisher
(4) Injury (to reputation)
Defamation - Notes
- Statement v. Opinion: defamation attaches to statements (capable of proof or disproof), not opinions.
- Publication: requires that the statement be communicated to a 3P
- Falsity: truth is an absolute defense to defamation
- Constitutional & Free Speech:
- Actual Malice: knowledge of falsity or reckless disregard for the truth. It is required for statements about public figures/officials or matters of public concern.
- Absolute Privilege: statements by judges, legislators, witnesses, and attorneys in judicial or legislative proceedings.
- Conditional/Qualified Privilege: peer review; reporting a crime; non-court public statements by attorney; etc.
Invasion of Privacy - 4 Branches
(1) Intrusion on seclusion
(2) Appropriation of name or likeness (Publicity)
(3) Publicity given to private life or facts
(4) False light
Intrusion on Seclusion
– Classic “peeping Tom” situation
Prima Facie Case:
(1) Intentional intrusion
(2) Upon seclusion
(3) That is highly offense to a reasonable person
Publicity
Prima Facie Case:
(1) An appropriation by the D
(2) To his benefit
(3) Of the P’s name or likeness
(4) Without consent
(5) Causing actual damages
Public Disclosure of Private Facts
Prima Facie Case:
(1) Publicity to public
(2) About private life
(3) Highly offensive and not of reasonable importance to the public
False Light
Occurs when a person’s name/picture is used to falsely attribute views or actions to them (implying they endorsed a product w/o consent).
Malicious Prosecution and Abuse of Process
Malicious Prosecution
- Prima Facie Case:
(1) An original criminal or civil proceeding
(2) With P in the malicious prosecution action as D in the original proceeding
(3) Termination of the original proceeding in favor of the malicious prosecution P
(4) Absence of probable cause for the original proceeding; and
(5) Damages
Abuse of Process
- Prima Facie Case:
(1) Ulterior purpose; and
(2) Willful act in the use of process that is improper
Malicious prosecution involves wrongfully initiating the proceeding, while abuse of process involves wrongfully using procedure.
Defenses - Intentional Torts
(1) Consent
(2) Self-Defense
(3) Defense of Others
(4) Arrest and Detention
(5)
(6) Deadly Force and Statutory Immunity
(7) Necessity
Consent - Int. Tort Defense
- Consent is invalid if obtained through fraud, duress, or misrepresentation but valid if given by mistake.
- Consent may be implied by the facts and circumstances.
Self-Defense - Int. Tort
- An actor may defend themselves if they have reasonable grounds to believe it is necessary.
- Only reasonable force may be used; excessive force exceeds the scope of the privilege.
Defense of Others - Int. Tort
- One may defend others to the same extent that the third party could defend themselves.
- The defendant bears the risk of mistake.
- Parents have a statutory privilege to defend their children
Arrest and Detention - Int. Tort
- Police officers acting under a proper warrant are privileged in their actions necessary for arrest and detention.
- Store owners can detain a person for up to 60 minutes if there is reasonable belief of theft.
Defense of Property and Recapture of Chattels
- Reasonable Force: The possessor of property may use reasonable force to protect it but cannot use deadly or excessive force.
- Recapture/Hot Pursuit: The owner of a wrongfully taken chattel may recapture it using reasonable force if in hot pursuit. Store owners have similar privileges. The defendant bears the risk of mistake.
Deadly Force and Statutory Immunity
- Statutory Immunity: Louisiana immunizes individuals using reasonable and necessary or deadly force to prevent a forcible offense against their person or property, particularly in carjackings and home invasions.
- Companion Act: Presumes reasonable belief for occupants of dwellings and autos, negates the duty to retreat before using deadly force, and awards reasonable attorneys’ fees, damages, and expenses if the defendant is found immune.
Necessity - Int. Tort Defense
Public vs. Private Necessity:
- Necessity allows trespassing to result in a greater good, usually saving lives. Public necessity benefits the public, while private necessity benefits an individual but may require compensation for damages.
