Intentional torts Flashcards
What are the 2 elements of assault?
1) The ∆ must intentionallyplaces π in reasonable apprehension AND 2) that apprehension is of an immediate battery
- apprehension does not require fear or anxiety ONLY knowledge of something
- words alone lack immediacy must have conduct.
- words can negate OTHERWISE valid immediacy (i.e. conditional words to negate a threat OR future intent words coupled with present ability [weapon] to harm)
- damages not required (π can recover nominal damages)
What are the 2 elements of battery?
1) ∆ commits a harmful ORoffensive contact AND 2) the contact is with the π’s “person”
- a bodily contact is offensive if it is unpermitted by a reasonable person.
- the person includes anything the person is holding.
- a battery does not have to be instantaneous - setting a trap is considered a battery
- damages not required (π can recover nominal damages)
What are the 2 elements of false imprisonment?
1) ∆ must commit a sufficient act of restraint AND 2) π must be confined in a bounded area
- sufficient restraint can be threats or omissions. an act of restraint only counts if the π knows about it or is harmed by it.
- confinement - the areas has be bounded but it doesn’t have to be marked out by boundaries. an area is not bounded if there is a reasonable means of escape that π can reasonably discover
- damages are not required (π can recover nominal damages)
What are the elements of intentional infliction of emotional distress (IIED)?
1) ∆ must engage in outrageous conduct (intentionally OR recklessly) AND 2) π must be severely distressed
* Outrageous conduct = “exceeds all bounds of decency tolerated in a civilized society” *NOT outrageous = (i) mere insults; (ii) ∆ exercising 1st Am rights
* π does not need to offer specific evidence illustrating sever emotional distress
What are the 2 elements of trespass to land?
1) The ∆ must commit an act of PHYSICAL invasion 2) on land
* an intangible invasion is not a trespass (i.e. flood lights, loud music) BUT propelling/throwing/ something physical onto land IS. π’s interest includes airspace and soil below but only to a reasonable distance
What istrespass to chattels? (versus conversion?)
∆ intentionally interferes with π’s personal property (direct damage of property or interference with property by stealing it). NOTE: the damage remedy is the cost of repair
*If the degree of harm is significant than it is considered a conversion, if it is small than trespass to chattels
When is consent to an intentional tort valid?
1) Express consent= an explicit declaration by π, giving ∆ permission to behave in a way that would normally be a tort. express consent is NOT valid if the π did NOT have legal capacity to grant consent. Express consent is NOT a valid defense if obtained via fraud (as to essential matter), duress (threats);OR π’s mistake (if ∆ took advantage of that mistake)
2) Implied consent = two types…
Consent implied from custom = π goes to a place where certain invasions are routine, π is deemed to have consented i.e team sports
Body language consent = Consent that arises from ∆’s reasonable interpretation of π’s objective conduct and the surrounding circumstances
NOTE: all consents have a scope, and if ∆ exceeds the scope he loses the defense
When can a ∆ use a protective privilege as a defense to an intentional tort? NOTE:NY distinction
Protective privileges are used when a threat is emanating from π and ∆ commits a tort in response to the threat. There must be i) proper timing - the threat must be in progress or imminent AND ii) ∆ must have a reasonable belief that the threat is a genuine threat; a reasonable mistake does not destroy the privilege
*Amount of force rule - You must limit yourself to proportional or necessary force. excessive force = NO privilege. If there is a deadly threat you may respond proportionally w/ deadly force. NY DISTINCTION: retreat is required (if possible) b4 using deadly force UNLESS (i) ∆ is in his own house; (ii) ∆ is a police officer (or a person assisting a police officer)
When can private necessityexcusea ∆’s intentional tort to property (land, chattels, conversion)?
The private necessity defense applies when ∆ commits a property tort in order to protect an interest of his own. The ∆ IS liable for actual damages to π’s property, BUT is not liable for nominal/punitive damages. As long as the emergency continues, the ∆ CANNOT be expelled, evicted or ejected; there is a “right of sanctuary”
When can public necessityexcuse a ∆’s intentional tort to property (land, chattels, conversion)?
the public necessity defense applies when the ∆ commits a property tort in an emergency to protect the community as a whole (this is an absolute immunity). The ∆ IS NOT liable for actual damages, nominal or punitive damages w/r/tto π’s property
What are the 7 intentional torts?
- battery 2. assault 3. false imprisonment 4. intentional infliction of emotional distress 5. trespass to land 6. trespass to chattels 7. conversion
What are the affirmative defenses for intentional torts?
- consent
- protective privileges - self-defense, defense of others, defense of property
- the necessity doctrine (property torts ONLY) — public necessity, private necessity
What are the factors to consider when determining if a conduct is outrageous wrt IIED?
(i) the conduct is repetitive/continusous; (ii) the ∆ is a common carrier (Amtrak) or an inkeeper (hotel) can be liable for “gross insults”; (iii) π is a member of a fragile class of persons (i.e. children, elderly, known pregnant women) (iv) if the ∆ has prior knowledge of π’s emotional weakness and targets it
