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Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

Elements of Battery

A
  1. Act
  2. Intent - to make contact
    Purpose
    KSC that contact will
    occur
  3. Harmful or Offensive Contact to P
  4. Cause in Fact
  5. Injury (presumed)
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2
Q

Contact is H/O if

A

Harmful - physical impairment
Offensive - if RP would also be offended

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3
Q

Act is

A

an external manifestation of D’s will

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4
Q

Single Intent (battery)

A
  • Majority Rule
    1. purpose/KSC to make contact
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5
Q

Dual Intent (battery)

A
  • Minority Rule
    1. purpose/KSC to make contact
    2. Appreciate H/O contact
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6
Q

Elements of Assault

A
  • Act
  • Intent - to cause apprehension
  • Purpose
    Purpose
    KSC
  • P reasonably suffers apprehension of imminent h/o contact
  • C/F
  • Injury (presumed)
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7
Q

P reasonably suffers apprehension test

A

Both P and RP would have apprehended imminent h/o contact

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8
Q

Types of Transferred Intent

A
  • Person to Person
  • Tort to Tort
    Assault
    Battery
  • Both Person and Tort
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9
Q

Elements of False Imprisonment

A
  • 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
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10
Q

Methods of False Imprisonment

A
  1. physical restraint
  2. improper assertion of legal authority
  3. threats to use immediate force (assume the force could be carried out)
  4. failure to allow P to leave when under a legal duty to act
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11
Q

Elements of IIED

A
  • Act
  • Intent - to cause emotional distress
    Purpose
    KSC
  • Extreme/Outrageous Conduct
  • C/F
  • P Suffers Severe Emotional Distress
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12
Q

Test of E/O Conduct

A

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
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13
Q

Test for Suffers Severe Emotional Distress

A
  • P suffers and a RP would also have suffered
  • Except RP is not required if D knows of P’s particular sensitivity
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14
Q

Things to Help Show Emotional Distress

A
  1. Physical manifestation
  2. Psychological manifestation
  3. Sought medical treatment
  4. Duration and intensity of symptoms
  5. Impairment to daily function
  6. 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)
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15
Q

Elements of RIED

A
  • Act
  • Recklessness - conscious disregard of substantial probability of causing emotional distress
  • E/O conduct
  • C/F
  • Suffers Severe Emotional Distress
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16
Q

Elements of Indirect IIED

A
  • 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
17
Q

Elements of Trespass to Land

A
  • Act
  • Intent - to enter land
    Purpose
    KSC
  • Interference with P’s exclusive possession of Land
  • C/F
  • Injury (presumed)
18
Q

Liability for unforeseeable things Intentional Tortfeasors

A

they are liable for unforeseeable things such as the guy who had a heart attack when he saw the trench through his yard

19
Q

Trespass to Chattel

A
  • 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
20
Q

Dispossession

A
  • destroyed P’s possession
  • Destroyed P’s ability to control
  • D thinks “This is mine” **
  • Injury presumed
  • Nominal damages
21
Q

Intermeddling

A
  • 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
22
Q

Elements of Conversion

A
  • Act
  • Intent
    Purpose
    KSC
  • Serious interference with P’s exclusive possession of personal property
  • C/F
  • Injury (presumed but practically actual harm)
23
Q

Factors for Determining if Conversion or Trespass to Chattel

A
  • 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
24
Q

Defense of Consent

A

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

25
Q

Test for Consent

A

Whether P’s conduct reasonably manifested consent

26
Q

Expressed Consent

A

Written or Verbal

27
Q

Implied Consent

A

Whether P’s conduct reasonably manifested consent; no mistakes

28
Q

Justification Defenses

A
  • Self Defense
  • Defense of Others
  • Defense of Property
29
Q

Elements of Justification Defenses

A
  1. Reasonable belief of need to Defend Immediately
  2. Response must be Proportional
30
Q

Things to determine Reasonableness

A
  • 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
31
Q

Mistake for Justification Defenses

A

Depends on Reasonableness of Mistake

32
Q

Elements of Defense of Property

A
  1. Reasonable belief of the need to defend
  2. Response must be proportional
    - common law says no deadly force
33
Q

Defense to IIED

A

Freedom of Speech

Torts (4 decks)

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