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Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

What are the six intentional torts

A
  • Battery
  • Assault
  • False imprisonment
  • Trespass to land
  • Trespass to chattel
  • IIED
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2
Q

Plaintiff’s burden in Prima Facie Case

A
  1. Allege at pleading state
  2. Produce Evidence
  3. Persuade at Trial
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3
Q

Intent for Battery

A

∆ must intend
1. to cause contact with π:
a. Desires to cause contact OR
b. Knows with substantial certainty that the contact will occur
2. The contact is harmful or offensive. Proven if ∆ either:
a. Desires to harm or is substantially certain contact will harm
b. Desires to offend or is substantially certain the contact would offend an ordinary person under similar circumstances

Some jurx require both, varies by single or dual intent.

If the contact wouldn’t offend a reasonable person’s sense of personal dignity, and the π is unusually sensitive, the contact becomes offensive if ∆ is aware of π’s sensitivity.

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4
Q

Action/Result for Battery

A

Δ must cause harmful or offensive contact and π must actually be harmed.
1. Cause the contact directly or indirectly
2. Δ must actually contact π’s body or items close to π
3. Contact must be harmful or offensive

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5
Q

What is single intent

A
  1. ∆ must intend to cause contact with π :
    * Desires to cause contact OR
    * Knows with substantial certainty that the contact will occur

Substantial certainty is that you know it will probably happen. More than just you know it could happen

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6
Q

What is dual intent

A

∆ must intend
(1) to cause contact with π:
* Desires to cause contact OR
* Knows with substantial certainty that the contact will occur

(2) contact to be harmful or offensive. Proven if ∆ either:
* Desires to harm or is substantially certain contact will harm
* Desires to offend or is substantially certain the contact would offend an ordinary person under similar circumstances

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7
Q

Assault elements

A
  1. Intent:
    a. Def intended to put Pl. in anticipation of
    b. imminent AND
    c. harmful or offensive contact
  2. Plaintiff must actually and reasonably anticipate imminent, harmful contact

imminent: without significant delay

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8
Q

False Imprisonment

A

(1) Intent: Δ intends to confine π or a third person within boundaries fixed by Δ
P can be fixed to boundary even if in an open area.
(2) Result: Δ’s action directly or indirectly results in a confinement of π
(3) Awareness: π is aware of the confinement OR is harmed by confinement.

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9
Q

for false imprisonment

Confinement

A
  1. Complete confinement is necessary for false imprisonment
  2. π is not confined if there is a reasonable means of escape they know about.
  3. Intentionally preventing π from going in a particular direction where π has the right/privilege to go is not grounds for false imprisonment.
  • Being restricted from movement/having no freedom of movement/having your movement controlled suffices confinement.
  • can’t sue someone for creating a traffic jam.
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10
Q

Trespass to Land Elements

A
  1. [Δ intends to enter land or cause tangible object to enter the land OR
  2. Δ intends to remain if Δ or object previously entered
    a. Without the required intent OR
    b. With consent but consent was then revoked. ]
  3. Δ or object must enter the land OR remain on it AND
  4. π must own or possess the land

need one OR two. definitely need 3 and 4

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11
Q

Trespass to Chattels Elements

A

T2C is committed when Δ intentionally
1. Takes a chattel OR
2. Intermeddles with a chattel

Intent is about taking dominion over the item. Even if the intent to take the item was mistaken, tort law would place the consequences of his mistake on him.

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12
Q

Δ is liable in
Trespass to Chattel if and only if

A
  1. Dispossesses π of chattel OR
  2. Chattel is impaired OR
  3. π is deprived of use of chattel for substantial time OR
  4. bodily harm to π OR harm something in π’s legally protected interest.

P has to own or possess the chattel

ignore 4

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13
Q

Transferred Intent

A

Injuries to People: Battery, Assault, False Imprisonment (Injuries to ppl) – Transferable between these three
Property: Trespass to Land and Chattel – Transferable between these two.

by jurx that could be transferred bewtween ppl and property

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14
Q

Intentional Tort liability

Generally

A

A Δ who commits an intentional tort is liable for all damages caused, not just those that were intended or foreseeable.

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15
Q

Intentional Infliction of Emotional Distress

A
  1. Δ intended to cause the π or recklessly cause the π severe emotional distress
  2. Δ engaged in extreme and outrageous conduct
  3. actually and justifiably suffered severe emotional distress (by reasonable person standard)
  4. Δ’s conduct was a cause in fact of the emotional distress
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16
Q

IIED Intent meaning

Generally

A

Desire or Knowledge with substantial certainty OR recklessly

17
Q

Extreme and outrageous conduct

for IIED

A

Issue of fact; very high standard
- things like a repeated pattern, actor being a person in position of power, could exemplify “outrageous”

18
Q

IIED Liability

A

Δ may be liable for IIED to a party against whom the extreme and outrageous conduct was not directed if that party is a
1. Part of victim’s immediate family AND
2. Was present at the time of the extreme and outrageous conduct

19
Q

List the

Affirmative Defenses to Intentional Torts

Def has similar burdens to allege, produce and persuade

A
  1. Self Defense
  2. Defense of property
  3. Discipline (not on exam)
  4. Consent
20
Q

Self Defense Overview

A
  1. Allows you to intentionally commit 3 specific acts
  2. Privilige is triggered under specific circumstances
  3. Thresholds to force under self defense
  4. May need to retreat
21
Q

Self Defense Intentional Acts

A

You may intentionally:
a. Batter
b. Assault or
c. Falsely Imprison

22
Q

When is self defense privilege triggered

A

If you actually and reasonably believe Plaintiff is intentionally or negligently
1. Imminently going to cause a harmful or offensive contact to you or a 3rd person OR
2. Imminently going to confine or imprison you or a 3rd person

23
Q

Force allowed under self defense

A
  1. You may only use force or confinement reasonably necessary to prevent or repel.
  2. You may threaten to use force or confinement that would exceed what is reasonably necessary if the threat warrants it (if there’s a threat of serious bodily harm and death).
24
Q

When to retreat instead of defending against threat

A

If a safe and reasonable retreat is available, you may need to Retreat instead of defending against death. Only applies if coming at you with deadly force.
a. Exception: some jurx permit you to stand your ground.
b. Self Defense is usually not granted if the person claiming it was also the initial aggressor.

Deadly force - likely/intended to cause serious bodily harm or death

25
Q

Defense of Property

A
  1. The value of life outweighs the interest of the possessor. You cannot use force in defense of property that is likely or calculated to result in serious injury or death.
    a. Same analysis as self-defense with exceptions too
26
Q

List

What satisfies affirmative defense of consent?

A
  1. Actual consent
  2. Apparent consent
  3. Emergency consent
  4. Substituted/Proxies
27
Q

Actual consent

A

Expressed, clear and obvious

28
Q

Apparent consent

A

Conduct, words, context, etc from which a reasonable person would believe that they had received consent.

29
Q

Emergency consent

A

Often seen in medical context

30
Q

Substituted/Proxied consent

A

Plaintiff didn’t give consent, but someone else gave consent on their behalf.

31
Q

What negates consent?

A
  1. Incapacity
  2. Duress
  3. Exceeds scope
  4. Revoked
  5. Fraud
32
Q

Negated Consent via Incapacity

A

Can refer to age, mental disability, intoxication

age of majority will be told to us on exam

33
Q

Consent negated via Duress

A

Duress refers to economic or physical duress

for the purpose of exam, likely physical

34
Q

Consent Exceeded Scope

A

Plaintiff consented to some things, but not to the acts that are outside of the scope

35
Q

Revoked Consent

A

Plaintiff revokes consent and communicates it

36
Q

Fraud

A

Consent that was obtained through fraud is not actual consent

Torts (5 decks)

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