Intentional Torts Flashcards
What are the intentional torts?
FAIL CBC
false imprisonment
assault
intentional infliction of emotional distress
TTC
TTC
battery
conversion
What is intent?
purpose to bring about a consequence or knowledge that said consequence is substantially certain
Can insane persons be held liable for intentional torts?
yes - liable in the same circumstances a san person would be
to be liable the person has to be capable of entertaining the proper intent
their motivations don’t have to be rational
Can children be held liable for intentional torts?
yes - liable for intentional damage in the same circumstances an adult would be
capacity of forming intent depends on factors like age, intelligence, experience
(Garrat v Dailey)
Can intoxicated people be held liable for intentional torts?
yes - voluntary intoxication does not invalidate intent
Which torts is transferred intent applicable to?
battery, assault, TTC, TTL, false imprisonment
(Talmage v Smith)
What about intent and mistake?
an individual is liable for damages for the harm caused by their intentional act, even if the act was done by mistake
(Ranson v Kittner)
What are the elements of battery?
(1) intent to bring about a harmful or offensive contact
(2) harmful or offensive contact results
What is harmful or offensive contact?
even the smallest touch can be harmful or offensive (but, certain contact is expected in a busy world - must go beyond this)
extends to the “person” - snatching a plate or hat still constitutes harmful or offensive contact
What are the elements of assault?
(1) intent
(2) plaintiff is put in imminent apprehension of harmful or offensive contact
plaintiff must be aware of assault and threats of future action is not assault
What are the elements of false imprisonment?
(1) intent to confine
(2) plaintiff is aware of or harmed by confinement
(3) plaintiff did not consent
(4) confinement was unprivileged
What are the elements of IIED?
(1) intent
(2) extreme and outrageous conduct (exceeds all reasonable bounds of decency in a civilized society)
(3) severe emotional distress
(4) causal link between extreme and outrageous conduct and severe emotional distress
note - if a reasonable person would not have suffered shock or severe damage from defendant’s conduct, the defendant is not liable
and, if defendant acted with knowledge of a plaintiff’s extra sensitivity, the defendant will be liable without regard to a reasonable person standard
What are the elements of TTL?
(1) intentional and
(2) unprivileged
(3) intrusion onto another’s land
What are the elements of TTC?
an actor is liable for TTC when, without privilege, they intentionally intermeddle with another’s chattel and
(1) chattel condition, quality, or value is impaired; or
(2) owner or something owner has a legally protected interest in is harmed; or
(3) owner is substantially deprived of use
What is conversion?
an actor is liable for conversion when, without privilege, they intentionally intermeddle with an owners chattel and so seriously interfere with owner’s right to control it that they may be required to pay the full value of the chattel
consider:
(1) extent of time
(2) good faith
(3) intent
(4) whether damage was done
(5) inconvenience caused to owner
