Intentional Torts Flashcards
Elements of Battery
- Act
- Intent - to make contact
Purpose
KSC that contact will
occur - Harmful or Offensive Contact to P
- Cause in Fact
- Injury (presumed)
Contact is H/O if
Harmful - physical impairment
Offensive - if RP would also be offended
Act is
an external manifestation of D’s will
Single Intent (battery)
- Majority Rule
1. purpose/KSC to make contact
Dual Intent (battery)
- Minority Rule
1. purpose/KSC to make contact
2. Appreciate H/O contact
Elements of Assault
- Act
- Intent - to cause apprehension
- Purpose
Purpose
KSC - P reasonably suffers apprehension of imminent h/o contact
- C/F
- Injury (presumed)
P reasonably suffers apprehension test
Both P and RP would have apprehended imminent h/o contact
Types of Transferred Intent
- Person to Person
- Tort to Tort
Assault
Battery - Both Person and Tort
Elements of False Imprisonment
- Act
- Intent - to confine/restrain
Purpose
KSC - P is confined/restrained in bounded area
- C/F
- Injured
Presumed if P is
conscious of the
confinement
Actual Harm needed if
P is not conscious
of confinement
Methods of False Imprisonment
- physical restraint
- improper assertion of legal authority
- threats to use immediate force (assume the force could be carried out)
- failure to allow P to leave when under a legal duty to act
Elements of IIED
- Act
- Intent - to cause emotional distress
Purpose
KSC - Extreme/Outrageous Conduct
- C/F
- P Suffers Severe Emotional Distress
Test of E/O Conduct
if a typical community member would stand up and exclaim outrageous
- differing power dynamics makes conduct that would otherwise not be extreme and outrageous to become so
Test for Suffers Severe Emotional Distress
- P suffers and a RP would also have suffered
- Except RP is not required if D knows of P’s particular sensitivity
Things to Help Show Emotional Distress
- Physical manifestation
- Psychological manifestation
- Sought medical treatment
- Duration and intensity of symptoms
- Impairment to daily function
- Sometimes extreme and outrageous is enough if it is crazy extreme and outrageous but not always (does not mean meeting element three means element five is met)
Elements of RIED
- Act
- Recklessness - conscious disregard of substantial probability of causing emotional distress
- E/O conduct
- C/F
- Suffers Severe Emotional Distress
Elements of Indirect IIED
- Act
- Intent - to cause distress to indirect P
Purpose
KSC - E/O Conduct
- C/F
- Suffers Severe Emotional Distress
- Present and
Family member or
Physical
Manifestation
Elements of Trespass to Land
- Act
- Intent - to enter land
Purpose
KSC - Interference with P’s exclusive possession of Land
- C/F
- Injury (presumed)
Liability for unforeseeable things Intentional Tortfeasors
they are liable for unforeseeable things such as the guy who had a heart attack when he saw the trench through his yard
Trespass to Chattel
- Act
- Intent - to dispossess or Intermeddel
Purpose
KSC - Dispossession or Intermeddling of P’s Chattel
- C/F
- Injury
Presumed if
Dispossession
Actual harm if
Intermeddling
Dispossession
- destroyed P’s possession
- Destroyed P’s ability to control
- D thinks “This is mine” **
- Injury presumed
- Nominal damages
Intermeddling
- Touching or messing with P’s chattel
- Always recognizing it is P’s chattel **
- Harm/Damage (to actual chattel or based on loss of use for a substantial time)
- No action for harmless intermeddling
- Compensatory damages
Elements of Conversion
- Act
- Intent
Purpose
KSC - Serious interference with P’s exclusive possession of personal property
- C/F
- Injury (presumed but practically actual harm)
Factors for Determining if Conversion or Trespass to Chattel
- extent and duration of the exercise of dominance or control
- intent to assert a right inconsistent with the other’s right to control
- actors good faith or bad faith
- extent and duration of the resulting interference of the other’s right to control
- harm done to chattel
- inconvenience or expense caused to the other
Defense of Consent
a person voluntarily relinquishes the right to be free from harmful or offensive contact or imminent apprehension of such contact; only consenting to rules of the game
Test for Consent
Whether P’s conduct reasonably manifested consent
Expressed Consent
Written or Verbal
Implied Consent
Whether P’s conduct reasonably manifested consent; no mistakes
Justification Defenses
- Self Defense
- Defense of Others
- Defense of Property
Elements of Justification Defenses
- Reasonable belief of need to Defend Immediately
- Response must be Proportional
Things to determine Reasonableness
- The character and reputation of the attacker
- The belligerence of the attacker
- A large size and strength difference between the parties
- And overt act by the attacker
- Threats of serious bodily harm
- The impossibility of a peaceful retreat
Mistake for Justification Defenses
Depends on Reasonableness of Mistake
Elements of Defense of Property
- Reasonable belief of the need to defend
- Response must be proportional
- common law says no deadly force
Defense to IIED
Freedom of Speech
