Intentional Torts Flashcards
What are the elements of Battery?
1) Intent to cause harmful or offensive contact
2) Harmful or offensive contact occurs
What is the standard for intent in Battery?
Intent is held to a ‘substantial certainty’ standard, meaning the actor must have substantial certainty that their actions will result in harmful or offensive contact.
Can good faith be used as a defense against Battery?
No, good faith is not an argument against battery.
Can an insane person be liable for Battery?
Yes, an insane person can meet the requisite intent for battery, but not if the harmful action is a result of spasm or uncontrolled movement.
What is the ‘Eggshell skull’ theory in relation to Battery?
The ‘Eggshell skull’ theory holds that a defendant is liable for more extensive injuries than what was reasonably expected.
What are the elements of assault?
1) Intent to cause harmful or offense contact or reasonable apprehension of such
2) Reasonable apprehension occurs
What is required for reasonable apprehension in Assault?
The plaintiff must have a reasonable apprehension or fear of imminent battery.
What are the elements of False Imprisonment?
- The defendant intended to confine the plaintiff. 2. The plaintiff was conscious of the confinement. 3. The plaintiff did not consent to the confinement. 4. The confinement was not otherwise privileged.
What is required for physical restraint in False Imprisonment?
Physical restraint must be actual and can be through acts or words that the person fears to disregard.
What are the elements of Intentional Infliction of Emotional Distress?
- The conduct must be intentional. 2. The conduct must be extreme and outrageous. 3. There must be a causal connection between the wrongful conduct and the emotional distress. 4. The emotional distress must be severe.
What is the standard of intent for Intentional Infliction of Emotional Distress?
The intent must be to inflict severe emotional distress, not simply to act.
What are the elements of Trespass to Land?
- An intentional act. 2. That causes. 3. The physical and unprivileged intrusion of the real property of another.
What are the elements for Trespass to Chattel?
- Chattel condition, quality, or value is impaired. 2. Possessor of chattel is deprived of usage for a substantial length of time. 3. Bodily harm caused to possessor or to some person or thing possessor has a legally protected interest in.
What is conversion?
The intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the value of the chattel.
What is the measure of damages for Conversion?
The measure of damages is the market value of the converted property; punitive damages may be allowed when the conversion was malicious.
What is the privilege of Consent?
Consent must be determined through manifested intentions and actions if not expressly stated.
What is the privilege of Self Defense?
Anyone is privileged to use reasonable force to defend himself against a threatened battery on the part of another.
What is the privilege of Defense of Others?
A privilege similar to self-defense is recognized for the defense of third persons.
What are the limitations on the privilege of Defense of Property?
The privilege is limited to the use of force reasonably necessary to the situation as it appears to the defendant.
What is the nature of the privilege of Recovery of Property?
The privilege allows an owner dispossessed of a chattel to use force to recapture after only a momentary interruption of possession.
What is Public Necessity?
Public necessity is a defense against tortious conduct, where no liability for damages occurs from intentional acts to protect public good or interests.
What is the privilege of Authority of Law?
An officer or citizen may arrest without a warrant to prevent a felony or breach of the peace, but may be liable if excessive force is used.
What is the privilege of Discipline?
Certain relationships, such as parent and child, allow for the privilege of exercising reasonable force and restraint.
What power does an officer have regarding arrest for a misdemeanor?
An officer has the power to arrest if the misdemeanor was committed in his presence.
What liability may an officer face even if an arrest is lawful?
An officer may be subject to liability if he uses excessive force.
What is a key relationship that allows for the exercise of reasonable force and restraint?
The parent/child relationship allows for the exercise of reasonable force and restraint.
What are other examples of relationships that allow for reasonable discipline?
Military and naval officers over their subordinates, and the master of a ship over the crew and passengers.
What limits the privilege of discipline in these relationships?
The privilege is limited to force reasonable under the circumstances.
Under what conditions is restraint or detention considered lawful?
Restraint or detention is lawful if it is reasonable under the circumstances and time and manner, aimed at preventing personal injuries or property damage.
What factors are considered in determining justification for restraint?
- The need to protect persons and property in charge.
- The duty to aid in investigation and apprehension.
- The manner and place of the occurrence.
- The feasibility of alternative courses of action.
