Intentional Torts Flashcards
Elements of Battery
- Voluntary act
- Purposive intent to commit harmful/offensive contact- or knowledge to a substantial certainty that contact will occur
- contact results
Single intent- battery
∆ must have intent to contact that later becomes harmful/offensive
Dual Intent
∆ must have intent to contact AND that the intent is harmful/offensive
Garret V Dailey- intent
element of intent cannot be satisfied if there is no knowledge that the contact would result from the action
Waters v. Blackshear
element of intent is still satisfied even if ∆ did not intend the extent of the resulting harm
Fischer
Actual physical contact not necessary- element can still be satisfied if contact was w an object close to the body
Richardson
Unlawful touching may be indirect
Eichenwald
Physical contact need not always be w the physical body of π (GIF sent that triggers an epileptic episode)
Nelson
General intent to cause harmful/offensive contact sufficient to satisfy element of intent
White
Dual intent jurisdictions; Ct needs proof that harmful consequences intended when making the contact
Elements of assault
- Voluntary act
- Intent to cause victim to suffer apprehension of imminent harmful contact
- Victim must experience reasonable and imminent apprehension of harmful contact
Contingent threats
Not assault- they’re not imminent
Reasonable person standard- assault
for element 3 to be satisfied, the apprehension of harm π feels must also be one that could be aroused in the mind of a reasonable objective person
Transfer of intent: assault to battery
actor intends to put someone in apprehension of harmful/offensive contact –> the contact results= actor liable for battery
Transfer of intent 3rd party
if someone intends assault/battery on one person, but makes contact w another, actor liable to 3rd party person
Elements of False Imprisonment
- Voluntary act
- intent to confine or KSWC that confinement will occur
- resulting confinement w/in boundaries
- victim conscious of confinement and harmed by it
What confinement can be
Physical barriers, force, threats of force, false assertions of legal authority, etc.
reasonable means of escape
no confinement if there is another reasonable means of escape that is known to the π, and also reasonable (jumping out of a second story window= not reasonable)
Shopkeepers privlege
Store is able to confine someone who they have reasonable belief is shoplifting for a reasonable time and in a reasonable manner
scope of confinement
Confinement must be total. not being able to go one place you want to go= not false imprisonment
Trespass
when ∆ intentional act causes a physical invasion of the land of another
intent in trespass
Intent to satisfy this is just an intent to be on the land
Good faith defense? Trespass
No good faith argument. Merely invading the land is enough to be liable irregardless of a belief that you’re allowed to be there
Ways to trespass
Physically enter a property, leave an object on a property, effect a property (dogging a drain in Shymkiv)
Trespass to chattel
intentional act by ∆ to interfere w πs chattel- ∆ liable for damage to it
Conversion
intentional act by ∆ that causes destruction or substantial interference w πs chattel
Elements of IIED
- Outrageous conduct by ∆
- intention causing reckless disregard for probability of emotional distress
- π’s severe emotional distress
- actual causation of emotional distress by ∆s conduct
outrageous conduct
conduct that offends all bounds of decency in a society- otherwise permissible conduct could become outrageous if by a person in a position of power
