Intentional torts Flashcards
A defendant must engage in what in order to be an intentional tortfeasor?
a volitional act (a conscious decision to move)
What is the definition of intent?
The defendant engaged in an act with the purpose of causing the outcome or knew with substantial certainty that the outcome would occur
What is substantial certainty?
98% certainty (almost complete certainty) that the outcome would result from the act
Is intent subjective or objective? Is there a reasonable person standard?
Intent is subjective (no reasonable person standard), but the evidence of intent is objective
Can children have tortious intent even if they do not know right from wrong?
Children can have tortious intent EVEN IF they don’t know right from wrong as long as they satisfy the elements of intent
What is an argument on intent to make supporting a child being sued for battery?
The child is so young that they could not possibly have intended for their conduct to cause that outcome or knew with substantial certainty that it would
Are parents liable for their children’s intent?
Not unless they were negligent in training their child or supervising them
Why do courts hold children, people with diminished mental capacity, and incompetent people liable under intent?
Courts want to compensate victims and keep batteries from happening
What is the single intent jurisdiction opinion?
This is the majority opinion, it says that for intent all you need to have is intent contact that ends up being harmful or offensive
What is the dual intent jurisdiction opinion?
This is the minority approach. The defendant must intend the contact and intend for it be harmful or offensive
What is extended liability?
Courts usually hold tortfeasors responsible for an extensive range of consequences, including consequences the wrongdoer never intended
What is transferred intent and when does it apply?
A person can be held liable for the intent to harm A and mistakenly harming B. * Transferred intent applies where the defendant would have been liable for a tort if their conduct was completed as intended and you are also liable for behvaior after that tort if it was completed.
What are the three types of intent?
- Unintended victim- A aims at B and hits C
- Unintended tort- A tries to scare B but hits him
- Intentional tort but mistaken victim- A kicks what he thinks is B but it is actually C
What are the elements of battery?
1) Intent to make a contact with another person
2) That contact occurs
3) The contact is harmful or offensive
4) The contact is unconsented to
What is a harmful contact?
a contact that causes obvious, physical harm
What is an offensive contact
A contact that offends a reasonable sense of personal dignity (meaning a reasonable person would be offended by this), OR the contact is highly offensive to the other person’s unusually sensitive sense of personal dignity, and the defendant knew that the contact would be highly offensive to that person
Are you allowed to later decide if you were harmed or offended.
Yes, you cannot know at the time that you were harmed or offended, and then find out later
What is the eggshell skull principle?
A damage concept that states that a defendant is responsible for the full extent of harm by the tort, even if the damage is caused by the plaintiff’s special sensitivity or “eggshell skull.” This applies even if they don’t know that that person has the special sensitivity because they still met all the requirements for an intentional tort
A defendant is liable for battery if he ______ and ______ touches anything ________
offensively
intentionally
connected to another individual
What is respondeat superior?
Let the employer answer for damages. An employer is liable for torts committed by employees while acting within the scope of their employment
What are the three requirements for an employer to be liable for torts committed by the employee?
1) It must actually be an employee, not an independent contractor
2) An independent contractor whose would be principle does something that would make a reasonable person assume that the independent contractor is an employee of the principle
3) The employee must be acting within the scope of employment.
What is assault? What does assault law protect?
The fear or apprehension of an imminent battery.
It protects the mind
What are the elements of assault?
The actor intended to cause a harmful or offensive contact with another person OR an imminent apprehension of such a contact
The person is thereby put in an imminent apprehension of a harmful or offensive contact
does it matter whether the defendant is actually capable of making the threatened contact?
No, it does not matter so long as the person reasonably believes that they are