Intentional Torts Flashcards
Els of intentional torts
vol act intent (desire or subs certainty) causation harm no priv or defense
battery els
intentional act
harmful or offensive contact
w p or something closely connected thereto
assault els
intentional act
causes P to experience a reas apprehension
of an immediate harmful or offensive contact
false imprisonment els
intentional act
confinement or restraint
bounded area
P knows or was injured
IIED els
intentional or reckless* conduct
extr or outrageous conduct
causes P severe mental distress
IIED/ extreme and outrageous conduct: offensive/ insulting lang
not enough unless D is a common carrier or inkeeper
or P is pregnant/ child/ elderly
IIED- recovery poss when act was directed at a 3p?
if els of IIED are satisfied +
3p is immediate fam mem of P
P is present at the time
D knows P is there
or
P is present, and such distress results in bod harm
Trespass to land els
intentional act
phys invasion
of P’s land- P must possess land or have rt to immediate possession
ejectment def and els
action at law to recover poss of RP
proof of legal title
proof of P’s rt to possession
wrongful poss by D
trespass to chattels
intentional act
interferes w p’s chattel
causing harm
conversion
intentional act
causes destruction of or a substantial interference w p’s chattel
-exercise by D of dominion and control
_________
MD: money can only be converted if it’s segregated and identifiable
remedies for conversion
P can elect damages (fair market value at the time of conversion + consequential dmgs)
or replevin/ claim and delivery + damages for its wrongful detention
replevin
action at law for recovery of wrongfully taken/ detained personal property
Defenses to intentional torts
Priv o- def of others p- defense of prop c- consent a- authority n- necessity s- self def
defense to intentional tort available? why?
hosing down a neighbor’s house that is on fire
probably- privilege
-impt pub/ pers interest will be protected
defense to intentional tort available? why?
D is running around head butting people at a tailgate. P makes eye contact and gives a “come here” motion; D then headbutts P.
implied consent
a reasonable person would interpret P’s conduct as permission to act
defense to intentional tort available? why?
D faints and hits head. P, EMT, gives CPR.
consent as a matter of law.
-P is unable to give express consent
-emergency action to prevent death/ serious inj
-reas person would be expected to consent
no reas exists to believe P wouldn’t consent
torts self def els
reasonable belief
reasonable force
imminent and unprivileged attack
maj: NO duty to retreat
MD: duty to retreat
defense to intentional tort available? why?
D ties his boat to P’s dock during a dangerous storm.
necessity
- reasonable belief (mistake ok)
- reasonably necessary
- avoid a substantially greater harm
def to int tort: necessity- D is resp for
if priv necessity, must pay for damage
if pub necessity, no liability
arrest
shopkeeper’s priv
discipline
types of
authority- defense to intentional torts
def to int tort: defense of others
Maj: D steps into other’s shoes
MD: honest and reasonable belief ok
P sues state of MD because he got beat up by the police. Wants 500k in compensatory and 500k in punitive.
MD’s defense?
Md tort claims act
- immunity only waived for suits under 200k
- md not liable if personnel acted w malice or gross neg
- P can’t be awarded punitive damages.
D owns a 7-11. Thinks he sees P stick gum in her pocket. Grabs P’s arm, puts P in a room, gets gum back, holds her til police show up.
maj/ MD defense? Why?
Maj: shopkeeper’s priv defense
- reasonable suspicion
- reasonable force
- on grounds of store or close
MD: probably not/ shopkeeper’s priv
- need PC that P took prop
- can only hold/batter to recover prop or prevent theft, not to hold for punishment
- if no property taken, NOT a defense
