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1L Hynlka Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

Intent (foundational element)

A

o Purpose (or desire) or knowledge that H/O contact was substantial certainty to occur.

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2
Q

Specific Intent

A

Purpose (or desire)

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3
Q

General Intent

A

knowledge that H/O contact was substantial certainty to occur

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4
Q

Torts involving children

A

We look at age, experience, knowledge to see whether general intent is met

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5
Q

Single v. Dual Intent

Single intent is…

A

only have to intend the contact
* Majority Jurisdiction approach

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6
Q

Single v. Dual Intent

Dual Intent is…

A

intend harm and contact
o Minority approach

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7
Q

Transferred Intent Doctrine

A
  • 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
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8
Q

Mistake of Intent

A
  • Mistake as to ID does not negate intent –> and thus D is liable

applies to people or other’s property

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9
Q

Eggshell Skull P RULE

A

 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

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10
Q

Eggshell Skull P RULE on damages

A

 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

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11
Q

Battery rule

A
  1. An Act
  2. That intentionally causes
  3. bodily contact
  4. That is Harmful/Offensive Contact
  5. Without no consent or privilege
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12
Q

Battery (act) element

A

 Act that is volitional/deliberate

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13
Q

Battery (bodily contact) element

A

 Contact can be through other means but usually applies through direct physical contact

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14
Q

Battery (that is H/O contact) element

A

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

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15
Q

Other factors to consider when dealing with a Battery

A

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

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16
Q

Battery on incidental contact

A

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

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17
Q

Assault rule

A

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

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18
Q

assault

(reasonable apprehension thats H/O bodily contact element)

A

 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?

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19
Q

Assault

(P subjectively has apprehended the imminent H/O bodily contact element)

A

this element requires the subjective test whether the P subjectively experienced the imminent anticipation of H/O contact

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20
Q

Assault

more on this element…

P subjectively has apprehended the imminent H/O bodily contact

A

 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

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21
Q

False Imprisonment (FI) rule

A

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

22
Q

FI rule

intentional element

A

 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 jokeand the  is found to be falsely imprisoned’s will be found liable for FI

23
Q

FI rule

confinement element

A

 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

24
Q

FI rule

confinement element

more on this…

A

 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

25
Q

FI rule

confinement element

…on D’s assertion of legal authority…

A

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

26
Q

FI rule

confinement rule

…on assisting a police in arrest…

A

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

27
Q

IIED rule

A

o 1. Intentionally or recklessly
o 2. Cause
o 3. Extreme and outrageous conduct
o 4. That results in severe emotional distress

28
Q

IIED rule

intent or reckless element…

A

 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

29
Q

IIED rule

causation element

A

 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

30
Q

IIED rule

extreme & outrageous conduct element

A

requires the objective standard that the conduct passes beyond the bounds of what would be regarded as decent conduct in a civilized society

31
Q

IIED rule

more on E&O conduct element

A

 Factors that find E&O Conductdepends 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
32
Q

IIED rule

severity of ED element

A

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
33
Q

what about IIED that is diff from other torts….

A

o Typically IIED is a standalone claim & courts do not want P’s to sue IIED with other torts

34
Q

Trespass to Land (TtoL) rule

A

o 1. Intentional
o 2. Entry onto another’s land
o 3. AND Without consent or privilege

35
Q

TtoL rule

intent element

A

Mistake is no defense in which

There is no defense that it was someone else’s land or public land

36
Q

TtoL rule

entry onto another’s land element

A

 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

37
Q

TtoL rule

Without consent or privilege element

A
  • 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

38
Q

Nuisance rule

A
  • Interference with the use and enjoyment of real property.
  • AND it involves non tangible interventions, like noise, music, lights, smoke.
39
Q

Trepass to Chattels (TtoC) rule

A

o 1. Intentionally causing
o 2. Significant dispossession OR intermeddling
o 3. That leads to Actual harm
o 4. AND without consent or privilege

40
Q

TtoC rule

intentionally causing element

A

 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

41
Q

TotC rule

dealing with Direct or Indirect contact with the chattel….

A

all that is required is interference with the chattel as a direct or indirect result of an act done by the actor

42
Q

TtoC rule

significant dispossession or intermeddling element

A

 Significant = more than in that moment, has to be longer than that

43
Q

TtoC rule

actual harm element

A

 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

44
Q

Conversion rule

A

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

45
Q

Conversion rule

substantial dispossession element

A

 Very lengthy amount of time
* Ex. rather than stealing car for 5 hours–>they stole it for 2 years

46
Q

Conversion rule

material alteration element

A

 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

47
Q

conversion rule

Destruction element

A

 (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.

48
Q

conversion rule

actual harm element

A

 Actual harm is defined as Fair market value at the time of loss

49
Q

conversion rule

CL ideas or info Exceptions

A

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
50
Q
A

1L Hynlka Torts (10 decks)

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