Intentional Torts Flashcards

1
Q

List torts where transferred intent applies

A

5of7 intentional torts
Assault, battery, False imprisonment, trespass to land, trespass to chattel
Can transfer from 1 person to another or
From 1 tort to another

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2
Q

Intentional Torts where damages is required

A

3 of 7

IIED, trespass to chattels, conversion

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3
Q

Assault

A

Act intended to cause reasonable apprehension of imminent contact

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4
Q

All intentional torts have…..?

A

Act, intent, causation

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5
Q

Battery

A

Act intended to cause harmful or offensive contact to plaintiff or his person

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6
Q

False Imprisonment

A

Act by D intended to confine P within fixed boundaries
Note:
-P must be conscious of confinement OR harmed by it
-length of time irrelevant

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7
Q

IIED

A

Extreme and outrageous act intended to cause severe emotional distress

  • E&O:beyond bounds of common decency
  • damages required (emotional distress)
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8
Q

DEFENSE: Private Necessity

A

Privilege to interfere with real or personal property of another when reasonably necessary

  • NOT COMPLETE DEFENSE
  • P liable for damages
  • only privileged for trespass not damage
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9
Q

Conversion

A

Act of dominion or control intended to cause serious interference with P’s right to immediate possession

  • Mistake is no defense
  • remember trespass to chattel is mere inter meddling
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