Intentional Torts Flashcards
What are the six intentional torts
- Battery
- Assault
- False imprisonment
- Trespass to land
- Trespass to chattel
- IIED
Plaintiff’s burden in Prima Facie Case
- Allege at pleading state
- Produce Evidence
- Persuade at Trial
Intent for Battery
∆ 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.
Action/Result for Battery
Δ must cause harmful or offensive contact (directly or indirectly) 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
What is single intent
- ∆ 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
What is dual intent
∆ 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
Assault elements
- Intent:
a. Def intended to put Pl. in anticipation of
b. imminent AND
c. harmful or offensive contact - Plaintiff must actually and reasonably anticipate imminent, harmful contact
imminent: without significant delay
False Imprisonment
(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.
for false imprisonment
Confinement
- π must be Completely confined
- π is not confined if there is a reasonable means of escape they know about.
- 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.
Trespass to Land Elements
- [Δ intends to enter land or cause tangible object to enter the land OR
- Δ intends to remain if Δ or object previously entered
a. Without the required intent OR
b. With consent but consent was then revoked. ] - Δ or object must enter the land OR remain on it AND
- π must own or possess the land
need one OR two. definitely need 3 and 4
Trespass to Chattels Elements
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.
Δ is liable in
Trespass to Chattel if and only if
- Dispossesses π of chattel OR
- Chattel is impaired OR
- π is deprived of use of chattel for substantial time OR
- bodily harm to π OR harm something in π’s legally protected interest.
P has to own or possess the chattel
ignore 4
Transferred Intent
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
Intentional Tort liability
Generally
A Δ who commits an intentional tort is liable for all damages caused, not just those that were intended or foreseeable.
What are the elements of Intentional Infliction of Emotional Distress
- Δ intended to cause the π or recklessly cause the π severe emotional distress
- Δ engaged in extreme and outrageous conduct
- π actually and justifiably suffered severe emotional distress (by reasonable person standard)
- Δ’s conduct was a cause in fact of the emotional distress
IIED Intent meaning
Generally
Desire or Knowledge with substantial certainty OR recklessly
Extreme and outrageous conduct
for IIED
Issue of fact; very high standard
- things like a repeated pattern, actor being a person in position of power, could exemplify “outrageous”
IIED Liability for victims that conduct wasn’t directed at
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
List the
Affirmative Defenses to Intentional Torts
Def has similar burdens to allege, produce and persuade
- Self Defense
- Defense of property
- Discipline (not on exam)
- Consent
Self Defense Overview
- Allows you to intentionally commit 3 specific acts
- Privilige is triggered under specific circumstances
- Thresholds to force under self defense
- May need to retreat
Self Defense Intentional Acts
You may intentionally:
a. Batter
b. Assault or
c. Falsely Imprison
When is self defense privilege triggered
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
Force allowed under self defense
- You may only use force or confinement reasonably necessary to prevent or repel.
- 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).
When to retreat instead of defending against threat
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
Defense of Property
- 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
List
What satisfies affirmative defense of consent?
- Actual consent
- Apparent consent
- Emergency consent
- Substituted/Proxies
Actual consent
Expressed, clear and obvious
Apparent consent
Conduct, words, context, etc from which a reasonable person would believe that they had received consent.
Emergency consent
Often seen in medical context
Substituted/Proxied consent
Plaintiff didn’t give consent, but someone else gave consent on their behalf.
What negates consent?
- Incapacity
- Duress
- Exceeds scope
- Revoked
- Fraud
Negated Consent via Incapacity
Can refer to age, mental disability, intoxication
age of majority will be told to us on exam
What types of duress negate Consent
Duress refers to economic or physical duress
for the purpose of exam, likely physical
Consent Exceeded Scope
Plaintiff consented to some things, but not to the acts that are outside of the scope
Revoked Consent
Plaintiff revokes consent and communicates it
Fraud
Consent that was obtained through fraud is not actual consent
