Intentional Torts Flashcards
What is transferred intent and what does it apply to?
Individual intends to commit tort but instead commits different tort. Applies to battery, assault, false imprisonment, trespass to land and trespass to chattel
Battery
intentional harmful or offensive contact to the P’s person by the D.
Assault
an intentional act by the D that creates reasonable apprehension in P of immediate harmful or offensive contact to P’s person
Intentional infliction of Emotional Distress (IIED)
extreme and outrageous conduct intended by the D that causes severe emotional distress
IIED Bystander
Bystander/Third Party: (1) D knows 3P is present + (2) direct victim is a close family relative
False Imprisonment
intentional confinement of P to bounded areas against P’s will caused by D’s acts/omission. P is conscious of confinement
What is the exception to false imprisonment?
Shop Keeper’s Privilege → shopkeeper may detain shoplifter for reasonable period in reasonable manner if theres reasonable suspicion person committed or attempted to steal store property
Trespass to Chattel
intentional interference with P’s rights of possession in tangible personal property either by dispossessing or using/intermeddling with P’s chattel. P can recover costs of repair or rental value of chattel
Conversion
substantial interference with P’s possessory rights to personal property. Includes longer deprivation, full damage or destruction. P may recover rental value/full market value at time of trespass
Trespass to land
D’s intentional acts causes physical invasion of P’s property
What are the defenses to trespass to land?
Public Necessity → P cant recover damages bc absolute defense. D’s invasion of property is reasonably necessary to protect community at large
Private Necessity → P can recover only damages for actual harm to property unless D trespassed for P’s benefit. D invades property to protect himself.
