Intentional Torts Flashcards
Intent (foundational element)
o Purpose (or desire) or knowledge that H/O contact was substantial certainty to occur.
Specific Intent
Purpose (or desire)
General Intent
knowledge that H/O contact was substantial certainty to occur
Torts involving children
We look at age, experience, knowledge to see whether general intent is met
Single v. Dual Intent
Single intent is…
only have to intend the contact
* Majority Jurisdiction approach
Single v. Dual Intent
Dual Intent is…
intend harm and contact
o Minority approach
Transferred Intent Doctrine
- Having intent to commit 1 intentional tort can transfer to being on found for another intentional tort
- Also intending H/O contact one person can transfer to the next person even if you didn’t target that next person
Mistake of Intent
- Mistake as to ID does not negate intent –> and thus D is liable
applies to people or other’s property
Eggshell Skull P RULE
You take the plaintiff as you find them
* Meaning that if you intended H/O contact and injuries greater than what you expected result you will be liable for those damages
* Does not matter if the D isn’t aware of P’s vulnerable conditions–> injury to P will place liability to D
Eggshell Skull P RULE on damages
When we can establish all the elements of a intentional tort–>then we can go on to establish eggshell plaintiff rule to compute damages for greater unexpected damages to P
* But fact pattern must show that consequences came out worse or greater than expected from D’s causal conduct
Battery rule
- An Act
- That intentionally causes
- bodily contact
- That is Harmful/Offensive Contact
- Without no consent or privilege
Battery (act) element
Act that is volitional/deliberate
Battery (bodily contact) element
Contact can be through other means but usually applies through direct physical contact
Battery (that is H/O contact) element
The law looks at this objectively therefore the test is whether an ordinary person would have been offended
- Harmful contact – contact that causes a person pain or discomfort
- Offensive contact – contact that challenges a person’s sense of dignity
Keep in mind that D doesn’t have to be present at the time of the of contact with P
Other factors to consider when dealing with a Battery
o Relationships such a parents to child or spouses to each other do factor into whether D is liable for battery
o At CL mentally disabled D w/ intent cannot raise defense to battery.
o At CL, age is not a factor as to whether the D is liable for battery
Battery on incidental contact
o At CL, incidental contact in ordinary life will not support a battery cause of action
in a crowded world certain amount of personal contact is inevitable & must be accepted. Thus consent is implied even if contact occurred and caused injury to plaintiff
Assault rule
o 1) Intentional act causes
o 2) a reasonable apprehension that is imminent harmful or offensive bodily contact
o 3) and P must subjectively have apprehension of the imminent H/O bodily contact
o AND there is no consent or privilege
assault
(reasonable apprehension thats H/O bodily contact element)
Apprehension—anticipate
Imminent—about to happen
This element requires an objective test which asks whether a reasonable person would reasonably anticipate the imminent H/O contact?
Assault
(P subjectively has apprehended the imminent H/O bodily contact element)
this element requires the subjective test whether the P subjectively experienced the imminent anticipation of H/O contact
Assault
more on this element…
P subjectively has apprehended the imminent H/O bodily contact
Apprehension must be anticipation, not fear!
Words alone do not meet the assault rule. Words coupled with act/conduct will meet the assault rule
Can be thru other senses other than seeing assault
False Imprisonment (FI) rule
o 1. Intentional
o 2. Confinement
o 3. for which the plaintiff is conscious of confinement OR is harmed by the confinement
o 4. And there is no consent or no privilege
FI rule
intentional element
Specific
OR General Intent
* Note that majority jurisdictions use single intent as the standard
* Motive
o FI does not require proof that the intended a joking or wrongful confinement only that the be confined
o Even if the FI is intended as a jokeand the is found to be falsely imprisoned’s will be found liable for FI
FI rule
confinement element
Limited to an area or there is no reasonable means of escape
o Limited area = the larger the area–>the less there is a confinement
FI rule
confinement element
AND can be by physical barrier
Or physical force or restraint
Or cause duress that is telling someone by threat they cannot leave
* or typically dealing with P’s property and cause them to not leave without their property
FI rule
confinement element
…on D’s assertion of legal authority…
dealing with police
* a claim for false arrest will not lie if an officer has a valid warrant or probable cause to believe that an offense has been committed and that the person who was arrested committed it.
and submission to legal authority due to a belief that “he or she might face adverse legal or physical consequences for failure to comply” is sufficient
FI rule
confinement rule
…on assisting a police in arrest…
o If a private citizen reasonably believes that a law enforcement officer is in need of assistance when making an arrest, the citizen may aid in that effort—unless she knows the arrest is an unlawful one
IIED rule
o 1. Intentionally or recklessly
o 2. Cause
o 3. Extreme and outrageous conduct
o 4. That results in severe emotional distress
IIED rule
intent or reckless element…
Intent
* Dealing with Bystander
o when dealing with a bystander and the D doesn’t know the bystander is there–>cannot establish intent
Most jurisdictions adopt this
Recklessness
* Most jurisdictions don’t use recklessness
* But in FL, it does use recklessness
IIED rule
causation element
That the conduct led to P’s damages
* Thus apply the but for cause
o But for D’s conduct, P’s injuries wouldn’t have occurred because its completely unforeseeable and extraordinary
IIED rule
extreme & outrageous conduct element
requires the objective standard that the conduct passes beyond the bounds of what would be regarded as decent conduct in a civilized society
IIED rule
more on E&O conduct element
Factors that find E&O Conductdepends on the facts of each case,
- including the relationship of the parties,
- whether the actor abused a position of authority over the other person,
- whether the other person was especially vulnerable and the actor knew of the vulnerability,
- the motivation of the actor,
- and whether the conduct was repeated or prolonged
- vulnerability of plaintiff
IIED rule
severity of ED element
Severity is determined by:
- Is Objective—the distress is so severe that no reasonable person could be expected to tolerate or endure it
o Or The severity must be objectively exceed all bounds which could be tolerated by society - AND is subjective–P has to show yes they did experience severe ED
o Physical manifestations from the distress, although not required
o Expert testimony
o And P’s testimony
How it affects your life, job, school, etc
what about IIED that is diff from other torts….
o Typically IIED is a standalone claim & courts do not want P’s to sue IIED with other torts
Trespass to Land (TtoL) rule
o 1. Intentional
o 2. Entry onto another’s land
o 3. AND Without consent or privilege
TtoL rule
intent element
Mistake is no defense in which
There is no defense that it was someone else’s land or public land
TtoL rule
entry onto another’s land element
Body or tangible object entering –> you’re liable!
Even if no harm is done or even if improvements are made, it’s still going to be a trespass–>get nominal damages
When a trespassory invasion is found, the fact that defendant’s conduct was socially useful or even beneficial to plaintiff does not affect liability–> D will still be found liable for trespass
TtoL rule
Without consent or privilege element
- If a trespass is necessary to protect defendant or others from harm, the defendant might have a defense or private or public necessity
OR If you exceed the purpose, time, and distance of the privilege–> you are trespassing
Nuisance rule
- Interference with the use and enjoyment of real property.
- AND it involves non tangible interventions, like noise, music, lights, smoke.
Trepass to Chattels (TtoC) rule
o 1. Intentionally causing
o 2. Significant dispossession OR intermeddling
o 3. That leads to Actual harm
o 4. AND without consent or privilege
TtoC rule
intentionally causing element
Mistake
* As in the case of trespass to land, the conduct is treated as intentional even though the defendant acts under an innocent mistake
also break down specific general or specific intent sub elements
TotC rule
dealing with Direct or Indirect contact with the chattel….
all that is required is interference with the chattel as a direct or indirect result of an act done by the actor
TtoC rule
significant dispossession or intermeddling element
Significant = more than in that moment, has to be longer than that
TtoC rule
actual harm element
there is a damage to the chattel (harm to the chattel)
OR loss of use
* Ex. sig dispossession is someone steals car for 5 hours
OR bodily harm to the possessor or harm to the possessor’s legally protected interest
Conversion rule
o 1. There is an intentional act that causes
o 2. Substantial dispossession
o 3. OR a material alteration
o 4. OR destruction
o 5. AND there is actual harm
o 6. AND without consent or privilege
Conversion rule
substantial dispossession element
Very lengthy amount of time
* Ex. rather than stealing car for 5 hours–>they stole it for 2 years
Conversion rule
material alteration element
Ex. fur coat has red paint thrown on it–>materially altered
Ex. even if you were givein permission to use the object but you also decided to enhance the object’s character –> it is materially altered bc that was not what the P intended of its object
conversion rule
Destruction element
(1) acquiring possession of it—e.g., stealing the chattel;
(2) damaging or altering it—e.g., intentionally running over an animal and killing it;
(3) using it—e.g., a bailee seriously violates the terms of the bailment;
* Being given a privilege as rightful possessor to use the chattel but violates the privilege when the chattel is harmed
(4) receiving it—e.g., obtaining possession after a purchase from a thief;
(5) disposing of it—e.g., a bailee wrongfully sells the chattel;
(6) misdelivering it—e.g., delivery to wrong person by mistake so that the chattel is lost; and
(7) OR refusing to surrender it—e.g., bailee refuses to return the chattel.
conversion rule
actual harm element
Actual harm is defined as Fair market value at the time of loss
conversion rule
CL ideas or info Exceptions
Although ideas or info are not protected–>
- Where information is gathered and arranged at some cost and sold as a commodity on the market–> it is properly protected as property.
- Where ideas are formulated with labor and inventive genius, as in the case of literary works or scientific researches –> they are protected.
- OR Where they constitute instruments of fair and effective commercial competition, those who develop them may gather their fruits under the protection of the law
