Intentional Torts Flashcards
Define Elements
Battery
- Intent to make
- Harmful or offensive contact
Define Elements
Assault
- Intent to cause
- Reasonable apprehension of an IMMINENT harmful or offensive contact
Define Elements
Trespass to Chattel
- Intent to
- Interfere with use of another’s chattel
What is the remedy for Trespass to Chattel?
Actual damages or harm caused
Deine Elements
Conversion
- Intent to
- Substantial Interfere with use another’s property
What is difference between Trespass to Chattel and Conversion?
- trespass to chattel: you get your stuff back
- conversion: interference was so substantial it’s gone
What is the remedy of Conversion?
Full value of property at the time of conversion
Define Elements
Trespass to Land
- Intent (consciously walking to the land is sufficient)
- Physical invasion of land
Define Elements
Intentional Infliction of Emotional Distress (IIED)
- Intent or Recklessness
- Extreme & Outrageous Conduct (beyond human decency, outrageous)
- Severe Emotional Distress
Public figures must show falsity and actual malice
No transferred intent
Define Elements
IIED Bystander Rule for Close Family Member
- Close Family Member
- Defender knows Close Family is standing there
- Severe Emotional Distress
Define Elements
IIED Bystander Rule for Non-Family Member
Bystander must suffer PHYSICAL harm (bodily injury)
Define Elements
False Imprisonment
- Intent to put you in
- Confined, bounded area
- Plaintiff is Aware of Confinement
majority: actual damages unnecessary
unlocked room is not confinement
What is the exception to False Imprisonment?
Shopkeeper Privilege
Shopkeeper Privilege
- Merchant has reasonable suspicion that someone is stealing from them
- Detain for a reasonable period of time in a reasonable manner
What are the two negligent versions of intentional torts?
- Negligent Trespass to Land
- Negligent Infliction of Emotional Distress
Negligent Trespass to Land
- Negligently enter land of another
- Liable for damage to land
Negligent Infliction of Emotional Distress
- Negligent Conduct
- Plaintiff was in Zone of Danger (feared for safety)
- Sever Emotional Distress and Physical Symptoms (minority: no physical manifestation of harm needed)
NIED Bystander Rule
- Close Family Member
- Emotional Distress and Physical Symptoms
Must be present at the scene
Mishandling of a Coprse
- Negligent handling of a corpse
- No physical harm required
Transferred Intent
Defendant intents to commit a tort but commits:
1. a different tort OR
2. the same tort against a different person
What are the list of torts in which** transferred intent ** apply?
- Assault
- Battery
- False Imprisonment
- Trespass to Land
- Trespass to Chattel
What are the defenses to Intentional Tort
- Consent
- Self Defense
- Defense of Others
- Defense of Property
- Private Necessity
- Public Necessity
Consent
- Implied or Express
- Cannot exceed Scope of Consent
Self-Defense
- Reasonable belief that someone is going to hurt you
- Respond with same amount of force
Defense of Others
Reasonable belief third party will be be attacked
Defense of Property
- Reasonable Force
- reasonable belief to stop the invasion of land
- CANNOT use deadly force!
Private Necessity
- Necessary to trespass
- Liable for damages to property
Public Necessity
- necessary to trespass to prevent PUBLIC harm
- NOT liable for damages to property
