Intentional Torts Flashcards
Elements of Battery
(1) intent to cause contact, (2) contact is harmful or offensive, (3) contact is not consented to or otherwise privileged.
Definition of Intent
Acting with the purpose of causing the outcome or with substantial certainty (98% certainty) that the outcome will occur
For battery-
a. Single intent (majority rule): actor only need intend contact.
b. Dual intent (minority): actor must intend contact and the contact to be harmful or offensive
Harm vs. offensive (battery)
Harm: physical harm, offensive: offends a reasonable person’s sense of personal dignity or the vicitm’s unusually sensitive sense of personal dignity that the actor knew of.
Elements of Assault
- Actor intends to cause (a) harmful or offensive contact or (b) immediate apprehension of harmful or offensive contact, and
- Other person is put in immediate apprehension of harmful or offensive contact
Elements of False imprisonment
- Actor intends to confine the other person within boundaries fixed by the actor,
- His act results in the confinement of the other, and
- conefinement: is the victim reasonably able to leave?
- The other is aware of the confinement or harmed by it.
Shopkeeper’s dilemma & protections
If shopkeeper’s statute exists: shopkeeper has a defense to false imprisonment if they have a reasonable belief the person stole, and they confined the person for a reasonable amount of time in a reasonable manner.
If no shopkeeper’s statute exists: Shopkeeper may make a citizen arrest or hot pursuit. Both require the person to have actually stolen. If they did not, shopkeeper is liable for false imprisonment.
Elements of Intentional Infliction of Emotional Distress (IIED)
- Actor behaves intentionally or recklessly (reckless = deliberate disregard for high possibility of severe emotional distress)
- Conduct is extreme and outrageous (utterly intolerable, beyond bounds of reasonable society)
- Conduct caused severe emotional distress
a. But-for causation
b. distress no reasonable person should be
expected to endure
c. transferred intent only applies to victim’s family
members who are present and whose presence is
known to actor.
Generally: disfavored tort
Transferred intent
Transferred intent applies to actions that would have been tortious if completed, extends liability to the actual result.
ex: A swings at B, intending to hit her, and misses, punching C instead.
Elements of trespass to land
- Actor enters land in possession of another person, or causes another person or thing to enter the land, OR
- Remains on the land without consent, OR
- Fails to remove thing he has duty to remove from the land.
Intent: to be where he is, no knowledge that it’s someone else’s land required.
Elements of Trespass to Chattel, factors for Conversion (six)
Trespass to chattel: Intent to interfere with someone else’s property. Minor interference. Actor is liable for damages done to the property.
Conversion: Interference is so severe that actor is liable for the full value of the property.
factors for conversion:
- extent and duration of actors control/dominion
- actor’s bad faith (often shifts to conversion immediately)
- actor’s good faith
- extent and duration of resulting interference w/ other’s right of control
- harm done to chattel
- inconvenience and expense to owner
Consent as defense
Consent is willingness in fact. Can be manifested by actions. Apparent consent, when a reasonable person would understand actions to indicate consent, is just a strong defense and consent in fact. In battery, consent negates the prima facie case
- Misrepresentation: if victim would not consent but for misrepresentation, consent is invalid.
- Consent can be withdrawn at any time.
Self defense
Generally, defense should be proportional to the threat. Hinges on reasonable belief that force is necessary to prevent harmful or offensive contact.
Non-deadly force: no duty to retreat, but must be only as forceful as necessary to protect oneself.
Deadly force: generally only appropriate to use in response to another’s deadly force. Restatement says there is a duty to retreat before using deadly force, but in the majority of cases, courts do not enforce the duty to retreat.
Stand your ground laws and the castle doctrine
Stand your ground laws: no duty to retreat before using reasonable force (including deadly force) in self defense. Not limited to one’s dwelling.
Castle doctrine: no duty to retreat before using reasonable (deadly) force in self defense. Limited to one’s dwelling.
Self defense as the fight-instigator?
Most states revoke the right to self defense if the actor instigated the fight. Exception: if the actor abandoned the fight and gives the other person notice he’s done so.
Defense of others
Generally, whatever a victim would be privileged to do in self defense, a third party can do in defense of the victim. For mistaken beliefs that someone needs defense:
- majority rule: if mistaken belief was reasonable, some courts allow the privilege.
- minority rule: if belief is mistaken, it is not privileged, even if belief was reasonable/sincere.
Defense of property
One cannot use deadly force to defend property unless intrusion threatens death or serious bodily harm to occupiers/users.
Recovery of personal property
Generally, when someone steals your stuff, you’re expected to report it to the police or take legal action. Exception: Hot pursuit- you may use reasonable force to regain a tortiously-taken chattel so long as you act promptly in “hot pursuit” after dispossession or discovery of dispossession
- must act immediately
- must use reasonable force
- must be correct about theft
Private necessity
Defense to trespass to land, chattels and conversion. When defendant interferes with plaintiff’s property in an emergency to protect an interest of defendant. Risk to an individual.
- partial defense: defendant pays actual damages, but not nominal or punitive damages
Public necessity
Complete defense to trespass to land, chattels and conversion. Actor must show
1. public interests are involved
2. he was reasonable in believing the action was needed, and
3. the action he took was a reasonable response to that need.
Usually a public official. Sometimes statutory authority exists to justify action by an official. Private property is sacrificed to save property of multiple people.
ex: burning down one house to create a fire break
