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Torts Jenkins > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q
  • What is a Tort?
A

o A tort is “[a] private or civil wrong or injury, [not arising in contract], for which the court will provide a remedy in the form of an action for damages.” (Blacks Law Dictionary)

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2
Q

What are the Goals of Tort Law?

A

 Provide peaceful means for adjusting the rights of parties
 Deterrence
 Encourage socially responsible behavior
 Restore injured parties to their original condition
 Vindicate individual rights of redress

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3
Q

What are the Prima Facie Elements?

A
  • Element (1): A (volitional/voluntary) Act
  • Act  2nd RS external manifestation of
  • Element (2): Intent (General or Specific) to produce a injury [injury will vary, depending on tort]
  • Element (3): The act is the substantial Cause …
  • Element (4): … of an Injury
  • Burden of proof on Plaintiff
  • “Affirmative defenses”
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4
Q

What is the Prima Facie Elements of Assault?

A

1) A volitional Act
2) Intent to produce apprehension of imminent harmful or offensive contact (subj)
[Knowledge or substantial certainty that apprehension will result is enough]
3) Act is substantial cause (direct/indirect) of Plaintiff being placed in reasonable apprehension of imminent harmful or offensive contact.
[Objective & Subjective]

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5
Q

Is an invitation an Assault?

A

NO

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6
Q

If assault is terminated before Plaintiff becomes aware, is the actor still liable for assault?

A

NO,
“An attempt to inflict a harmful or offensive contact or to cause an apprehension of such contact does not make the actor liable for an assault if the other does not become aware of the attempt before it is terminated.”

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7
Q

What are the Prima Facie Elements of Battery?

A

(1): A (volitional) act.
(2): Intent (single intent jurisdiction) to make harmful or offensive contact,. [SUBJECTIVE]
(3): The act is a substantial cause (directly or indirectly) of contact that is Harmful or Offensive.

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8
Q

How do you define Harmful?

A

any physical impairment, pain, or illness

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9
Q

How do you define offensive ?

A

3rd RS the contact would offend a reasonable sense of personal dignity

OR

Although the contact is not offensive to a reasonable sense of personal dignity, the actor knows that the contact is highly offensive to the others sense of personal dignity AND the actor contacts the other with the primary purpose that the contact will be highly offensive.

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10
Q

Wallace v. Rosen Battery requires intentional touching in a harmful or offensive manner.
What is a defense to battery?

A

Crowded world contact

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11
Q

How else might the “Touching” element of battery be satisfied ?

A

The “touching” element of battery may be satisfied by contact with items that are so connected with the body as to be customarily regarded as part of the other’s person.

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12
Q

Prima Facie Elements of False Imprisonment

A

(1): A (volitional) act.
(2): Intent to confine. [SUBJECTIVE]
(3): Act is substantial cause (direct/ indirect) of Plaintiff being confined (i.e., forced to stay against will). [OBJECTIVE]
(4): The Plaintiff is conscious of the confinement or harmed by it.

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13
Q

Prima Facie Elements of Trespass to Land

A

(1): A (volitional) act of physical invasion onto real property in the possession of another.
(2): Intent
(a) to enter (or remain), or
(b) to cause a person or tangible thing to enter (or remain). [SUBJECTIVE]
iii. [Knowledge/substantial certainty still enough]
(3): The act is a substantial cause (directly or indirectly) of physical invasion of real property in possession of another. [OBJECTIVE]

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14
Q

Prima Facie Elements of Trespass to Chattels (4)

A

(1): Volitional act of interference with the right of possession of another in personal property.

(2): Intent to perform the act of interference. [SUBJECTIVE]
[Knowledge/substantial certainty still enough]

(3): The act is a substantial cause (directly or indirectly) of interference (i.e., “intermeddling” [i.e., damage] or dispossession) in the right of possession of another’s personal property [OBJECTIVE]

(4) Damages (includes total loss of possession, partial dispossession that is still technically full).
(Req. Actual Damages)

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15
Q

What is The doctrine of transferred intent (Talmage v. Smith)

A

permits plaintiff to prove intent by proving that defendant intended to commit any one of five intentional torts (assault, battery, false imprisonment, trespass to property, and trespass to chattel) and accomplishing any of those five intentional torts.
1. Transfer between persons
2. Transfer between Torts (Assault  Battery)
3. May apply to conversion as well

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16
Q

2 Other Prima Facie Cases

A

IIED & Conversion

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17
Q

Intentional Infliction of Emotional Distress (Prima Facie Case Definition)

A

(1): A (volitional) act.
(2): Act is “extreme and outrageous conduct”; [OBJECTIVE]
(3): Intent or RECKLESSNESS to cause severe emotional distress. [SUBJ.]
(4): Act is a substantial cause of actual damage (i.e., severe emotional distress) (minority rule also requires a physical manifestation)
Cannot use transfer intent **

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18
Q

For IIED, in what context may “Outrageous” be lower?

A
  1. Misuse of authority
  2. Known special sensitivities
  3. Common carriers and innkeepers
  4. Children, infirm, elderly, pregnant
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19
Q

How does P prove Intent, for IIED?

A

P may prove intent by showing that D’s conduct is aimed at the plaintiff or that the D knew that extreme emotional distress was substantially certain to follow from the conduct (pg. 93, Taylor v. Vallelunga)

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20
Q

What is “Severe” in the context of IIED?

A

Severe Emotional Distress to a person of ordinary sensibilities in absence of special knowledge or notice (Slocum)

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21
Q

Can you use transfer intent for IIED?

A

NO

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22
Q

What are the Prima Facie Elements of Conversion?

A

(1): Volitional act of dominion and control that interferes with the right of possession of another in physical personal property. [Not accidental acts, unless using chattel without permission].

(2): Intent to perform the act that interferes with possession. [SUBJECTIVE]
[Knowledge/substantial certainty still enough]

(3): The act is a substantial cause (directly or indirectly) of an interference so serious it impacts the other’s right of control and justifies requiring paying the full value of the chattel. [OBJECTIVE]

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23
Q

What are the 3 types of Tort Damages?

A

i. Nominal Damages
ii. Punitive Damages
iii. Compensatory Damages

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24
Q

What are types of compensatory damages?

A
  1. Lost Wages
  2. Pain & Suffering
  3. Medical care and rehabilitation
  4. Mental anguish
  5. Impairment or loss of ability
  6. Disfigurement
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25
Q

Define Specific Intent ?

A

A person acts with intent “to produce a consequence” if the person acts with the purpose of producing that consequence

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26
Q

Define General Intent?

A

the person acts knowing the consequence is substantially certain to result

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27
Q

Where is single and dual intent applied?

A

Battery

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28
Q

Define Single intent Battery (Majority)

A

P must prove only that D intended to touch P, resulting in the offense or harm

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29
Q

Define Dual Intent (Minority)

A

P must prove that D intended to cause bodily contact AND to offend or harm P.

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30
Q

Does Mistake Negate intent?

A

NO

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31
Q

Is Age a determining factor for intent?

A

NO

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32
Q

When looking at “substantial” what else is considered for battery?

A

The Time Sequence

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33
Q

Does Mental illness negate intent?

A

(McGuire v. Almy)

Holding: Mental illness does not negate intent.

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34
Q

Does “Good Faith” and “Mistake” negate intent?

A

Ranson v. Kitner

Holding: “Good faith” and “mistake” do not negate intent.

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35
Q

What are exceptions to Voluntary acts?

A

a. (Wagner v. State) Bodily movement Can’t be Spastic
b. Can’t be asleep or unconscious reflex

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36
Q

What are Sufficient Contacts for Battery?

A

a. Defendant’s body part makes contact with Plaintiff (or something attached to or intimately connected with Plaintiff) (direct)
b. Anything held by or attached to Defendant makes contact with Plaintiff (direct)
c. Defendant causes a substance (e.g., water, dirt) to make contact with Plaintiff (indirect)
d. Defendant causes Plaintiff to come into contact with a harmful/offensive substance (e.g., poisoned food) (remote indirect)

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37
Q

4 Assault

A

1) Need Knowledge of apprehension
2) Conditional Threats must be imminent
3) Plaintiff must demonstrate that defendant had the apparent ability to bring about harmful or offensive contact. (HILL)
4. P can recover even if no harm is done (I de S et ux)

38
Q

Can Plaintiff recover for assault even if “no harm was done.” ?

A

Yes, I de S et ux. v. W de S

39
Q

False Imprisonment sufficient force types to cause confinement (7) FPPDITI

A
  1. Failure to provide reasonable means of escape
  2. Physical Barriers
  3. Physical Force
  4. Direct Threats of Force
  5. Indirect Threats of Force
  6. Threats Conditioned on Property Loss
  7. Invalid Use of Legal Authority
40
Q

One may not claim false imprisonment if there was

A

A reasonable means of escape of which he is aware

41
Q

It is unreasonable … to refuse to utilize a means of escape of which he is himself aware merely because……

A

1) entails a slight inconvienence
2) requires him to commit a technical invasion of anothers possessory interest in land or chattels

42
Q

In (Parvi) what else is sufficient for False Imprisonment?

A

awareness or physical harm

43
Q

False arrest or Probable cause for False Imprisonment

A

“A claim for false arrest will not lie if an officer has a valid warrant or probable cause to believe that an offense has been committed and that the person who was arrested committed it.”

44
Q

What provides the “restraint” necessary for confinement? in FI
Applies to Property/Land/Chattels

A

Siezing of P’s property may provide the “restraint” necessary to constitute confinement

45
Q

How large can confinement be for False Imprisonment?

A

Actionable confinement may be as large as a state
a. NOT as large as a country

46
Q

Does moral Persuasion constitute force or threat of force for false imprisonment?

A

Hardy: Holding: “Moral persuasion” is not enough to constitute force or threat of force. Plaintiff was free to leave and instead chose to stay to clear her name.

47
Q

Holding: Conviction of the crime for which one is arrested is a defense to a false arrest claim.

A

Groves

48
Q

Is IIED available as a separate tort?

A

State Rubbish Collectors Ass’n v. Siliznoff
Holding: Intentional infliction of emotional distress is available as a separate tort if a party’s outrageous conduct results in severe emotional distress.

49
Q

IIED Conduct Severe or Mere?

A

Slocum v. Food Fair Stores of Florida Holding: Conduct must be so outrageous that the RSBL person would be caused “severe” emotional distress, not “mere” emotional distress.

50
Q

Does IIED use specific and general intent for Damages? If so, define them in IIED Context.

A

Taylor v. Vallelugna
Holding: In order to recover for emotional distress damages, plaintiff must show either that

  1. defendants intended to cause emotional distress to her (that is, the battery was committed so that she would be distressed) (specific intent)

or

  1. that defendants knew that severe emotional distress was substantially certain to be produced by their conduct (general intent.)
51
Q

Trespass to land Notes

A
  1. Trespass will lie if the D entered the land with permission but then overstayed the duration of the permission
  2. D only has to intend to enter the property
  3. If D causes an object to fall on the Land, Trespass
  4. NO Damage necessary to be Trespass to land
52
Q

What are Damages received in Trespass to land?

A

P will be awarded Nominal Damages even if there are no actual (Compensatory) Damages.

53
Q

Is Mistaken Belief of ownership a tresspass to land?

A

D only has to intend to enter the property, mistaken belief in ownership is still trespass

54
Q

How far does P exclusive right of possession stretch for trespass to land?

A

b. Herrin v. Sutherland

Holding: Plaintiff’s exclusive right to possess the land extends above (and below) it.

55
Q

Can a defendant overstay their permission and commit trespass to land?

A

Rogers v. Board of road Com’rs for Kent County
i. Holding: Trespass action will lie if the D entered the land with permission but then overstayed the duration of the permission.

56
Q

Is a person entitled to nominal damages in trespass to chattels?

A

Most jurisdiction do not recognize a entitlement to nominal damages (Szybiak)

57
Q

What types of Damages are required for trespass to chattels?

A

Req. Actual Damages or Actual Dispossession of Chattel

58
Q

How can Actual damages requirement for trespass to chattels be satisfied? (Compuserve)

A

i. The actual damages requirement for trespass to chattel may be satisfied by intermeddling with the chattel in a way that interferes with possessor’s business.
ii. Electronic signals generated and sent by computer are sufficiently physically tangible to support a trespass cause of action.

59
Q

Can transferred intent be applied to conversion?

A
  • RS (Courts are likely to apply transferred intent to conversion since it was originally seen as the big brother of Trespass to Chattels)
60
Q

What are the ways to convert to satisfy a claim for conversion? (6)
MRSTDS

A

Misusing it
Refusing to give it back
Stealing it
Transferring it
Destroying it
Substantially changing it

61
Q

Can a person convert documents? (Dodd)

A
  1. Holding: Documents taken without authorization from P’s files were not converted because they were returned before P would have used them in the course of office operations and because the information contained in the documents was not itself property because it was not :
  2. literary property,
  3. scientific invention, or
  4. secret plans for the conduct of commerce
62
Q

Is Participatory liability a form of Vicarious Liability?

A

No

63
Q

Halberstam v. Welch Participation Liability rule & Holding

A

ii. D is held liable for committing the underlying tort b/c D’s own participatory actions in the course of events lead to the tort
iii. H: A reasonable jury may find D’s wife of a burglary murder had the Requisite Knowledge under 876 b/c she had for years provided (invaluable service to her husbands burglary enterprise as a baker, bookkeeper, record keeper, and secretary” despite having no knowledge of his plans or whereabouts on the night if the murder.

64
Q

What are the Justification Defenses

A

Consent
Self Defense
Defense of Others
Defense of Property
Recovery of Property & Shopkeepers P.
Necessity
Authority of Law/ Discipline

65
Q

What are the types of consent?

A

Actual Consent
Implied Consent

66
Q

What are the 2 types of Implied consent?

A

Apparent consent & Implied by Law

67
Q

Who has the burden of proof in a Prima facie Case vs. a Justification defense?

A

Prima Facie is the Plaintiff
Justification defense is the Defendant

68
Q

Can one consent by conduct? or Scope?

A

i. Hackbart v. Cincinnati Bengals
H: Players Impliedly Consent to Conduct within rules of the game, but do not consent to conduct outside the rules.
or Scope

69
Q

Can consent be obtained by fraud?

A

ii. DeMay v. Roberts
H: Consent obtained by Fraud is not Valid

70
Q

How can consent be implied by Law?

A

i. Medical consent can be implied by law
ii. can revoke consent to die

71
Q

Does consent have to be express? of can it be implied by conduct?

A

O’Brien v. Cunard S.S. Co.
H: Consent does not have to be express, It can be Implied by conduct

72
Q

When is consent presumed?

A

a. Emergency Exception

Had a complication arose that required emergency then consent proceed with aid

73
Q

Is consent given because one is simply unconscious ?

A

Mohr v. Williams
H: No Implied Consent simply b/c P is Unconscious or touching is beneficial

74
Q

Sexual Consent Rules

A

Rondini v. Bunn

  1. CL No mean No
  2. Consent can be revoked at any time, communicated reasonably to Def
  3. Resistance can show lack of Consent
75
Q

What is the privilege of Self Defense?

A

Reasonable grounds during an attack (or imminent attack) to use such force as reasonably necessary to protect against potential injury

76
Q

What are the common rules of Self Defense?

A
  1. Burden on D
  2. Not Available to Aggressor
  3. Retreat not necessary (Usually)
  4. Retaliation not allowed
77
Q
  1. Self Defense requires that reasonable belief (Define)
    (Mistake?)
A

Reasonable Belief
a. A reasonable person would not believe violence was imminent
[Words alone insufficient, need proximity]
b. Reasonable mistake does not negate self defense

78
Q

Self Defense Requires that reasonable force be both

A

Necessity & Proportionality

79
Q

Necessity of Self Defense is defined as

A

No reasonable alternative way to protect the relevant interest of actor

80
Q

Proportionality of Self Defense is defined as

A

Proportionality

degree and kind of force is justifiable when compared to threatened or ongoing invasion of actors relevant interests

81
Q

Elements for Defense of Others (3)

A
  1. Sincere and Reasonable belief that the 3rd party would have the privilege of self defense [sub/obj]
  2. Intervention is Necessary [OBJ]
    (Necessary in Time and Imminence)
  3. Force used is appropriate under the usual self defense rules [obj]

A. (Proportionality –> degree and kind of force is justifiable when compared to threatened or ongoing invasion of actors relevant interests )

82
Q

Defense of Property
Can deadly force be used?

A

H: Deadly Force may not be used to defend Property

83
Q

Fresh pursuit

A

Prompt discovery of dispossession and prompt and persistent efforts to recover the chattel

84
Q

Defense of Property Elements (4)

A
  1. Sincere reasonable belief the other person is committing or about to commit a tort against one’s property
  2. Request to desist is made unless to do so would be futile or dangerous
  3. Force used is reasonable and nondeadly
  4. Other person doesn’t not have a privledge to enter or possess the property
85
Q

Shopkeepers Privilege

A

Shopkeeper has a privilege to detain for reasonable investigation a person whom he reasonably believes to have taken a chattel illegally.

86
Q

Necessity 2 Types

A
  1. Private Necessity (complete defense)
  2. Public necessity (incomplete defense)
87
Q

Public necessity Elements (3)

A
  1. Act to trespass to real or personal property is done in public interest
  2. Actors Intent: done in reasonable belief it was necessary to avoid or minimize serious & immediate harm to the public
  3. Act is done in reasonable manner
88
Q

Private Necessity Elements (3)

A
  1. Act of trespass to real or personal property is done due to an emergency
  2. Act is done to prevent apparent harm to the actors person, land, or chattels
  3. Act is done at a reasonable time and in a reasonable manner
89
Q

Private necessity Damages reasoning, Holding

A

Private necessity relieves the technical tort of trespass but must compensate plaintiff for damages done.

90
Q

Public Necessity Damages Reasoning

A

In absence of litigation providing compensation, those whose property is destroyed by an act of public necessity have NO right to recovery.

Torts Jenkins (1 decks)

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