Intentional Torts Flashcards
What are the elements of battery?
1) Intent
2) Harmful orOffensive Contact
3) w/ π’s Person
Offensive = violates a reasonable sense of personal dignity
“Person” = anything that is touching or holding
What are the elements of assault?
1) Intent
2) Reasonable Apprehension
3) of Immediate Battery
Apprehension = knowledge (got to see it coming; don’t have to be afraid)
Immediacy = words alone lack immediacy; however, words can negate OTHERWISE valid immediacy
(e.g. conditional words OR future intent words coupled with present ability [weapon] to harm)
What is tortioustransferred intent?
As long as ∆ has requisite intent to commit the intentional tort, the intent req is satisfied even if a DIFFERENT PERSONgets hurt or a DIFFERENT TORT is committed
Which intentional torts are subject to transferred intent docrtine?
Transferred intent may be invokes ONLY IF the tort INTENDED and the RESULTING tort are among these…
Battery Assault False imprisonment Tresspas to land Trespass to chattels
(NOT IIED or Conversion)
What isintent?
Intent = The desire to produce the legally forbidden outcome
Specific =the goal is to bring about specific consequences
General = the actor knows with “substantial certainty” that specific consequences will result
NOTE: Everyone is “capable” of forming intent…INCAPACITY IS NOT A DEFENSE (e.g. a minor can form requisite intent)
What are the elements of false imprisonment?
1) Intent
2) Act of Restraint/Confinement
3) π Confined in a Bounded Area
Sufficient restraint/confinement =
- physical barriers; - physical force; - actionable threats of immediate force; - failure to release; and - invalid use of legal authority
**Omission can be a restraint when there is a pre-existing duty
** π must know OR be harmed
** Area is not bounded if there is a reasonable means of escape that π can reasonably discover
(If it’s disgusting, hidden, humiliating OR dangerous, then it’s NOT reasonable)
** Length of confinement is irrelevant
What are the elements of intentional infliction of emotional distress (IIED)?
1) Intent (Recklessness is enough)
2) Outrageous Conduct
3) Severe Distress
Outrageous conduct = exceeds all bounds of decency tolerated in a civilized society
- Mere insults; 1A rights are not enough
Hallmarks of Outrageousness
- the conduct is repetitive/continuous; - ∆ is a common carrier or an innkeeper; - fragile π is child, elderly, or known pregnant woman - ∆ has prior knowledge of π's emotional sensitivity
** No specific evidence (e.g. physical symptoms) needs to be offered to prove severe distress, but it must be proved
For 3d party bystander IIED, must prove:
- The π was present when the injury occurred - The π is a close relativeof the injured person; AND - The ∆ knew that the π was present AND was a close relative to the injured person
What are the elements of trespass to land?
1) Intent
2) Physical Invasion
3) Possession of Land
Physical Invasion =
- Unauthorized entry (∆ does not need to know) - Throwing something physical onto land - NOT intangible forces (light, smells, sounds, etc)
** COA belongs to the possessor, not the owner
Real property = includes surface, airspace and subterrain (at reasonable distances)
What are the elements of trespass the chattels and conversion?
1) Intent
2) Interference w/ Personal Property
Types of interference = damage (vandalism) or dispossession (theft)
**∆’s mistake as to ownership will not insulate from liability
Trespass Damages = cost of repair
Trespass becomes conversion when the degree of harm is severe (factors = time and amount of damage)
Conversion Damages = full market value at the time of the conversion
What is valid consent to an intentional tort?
1) Express consent= explicit words granting permission
* * Not valid if obtained via fraud (as to essential matter), duress (threats);OR ∆ taking advantage of π’s mistake
2) Implied consent = implied from custom, usage, or body language
* * Consent implied by law arises when it’s necessary to save a person’s life (or other important interest in person or property)
** Incapcitated individuals (incompetents; drunks; etc) are NOT CAPABLE of consent; BUT children can consent to an age appropriate invasion of their person
** All consents have a scope, and if ∆ exceeds the scope, then he will be liable for the tort
When canself-defense/defense of others/defense of property excuse a ∆’s intentional tort?
NOTE:NY distinction
1) Threat is in progress or imminent
2) There is a reasonable belief that the threat is genuine
3) Force is necessary/proportional
** A reasonable mistake as to the existence of the danger is allowed
** Generally NOT available to intital aggressor
** Deadly force only for deadly threats
Multistate = stand your ground
NY DISTINCTION = retreat first, unless you can’t, you are at home, or you are a police office
FOR PROPERTY
- Deadly force is never okay - First make a request to desist or leave - Shopkeeper's privilege
When can private necessityexcuse toa ∆’s intentional tort to property (land, chattels, conversion)?
There is a limited defense when a plaintiff acts:
1) In an emergency
2) To protect a self-interest
**∆ 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 toa ∆’s intentional tort to property (land, chattels, conversion)?
There is an absolute defense when a plaintiff acts:
1) In an emergency
2) To protect community or a significant group of people
**∆ is NOT liable
**As long as the emergency continues, the ∆ CANNOT be expelled, evicted or ejected; there is a “right of sanctuary”
Can a ∆ raise an incapacity defense to an intentional tort?
No. Any character is capable of the intent necessary for an intentional tort, even if they would not be capable of consenting, or be privileged in other areas of the law.
What is the only intentional tort for which you must prove damages?
IIED
