Intentional Torts Flashcards
When looking at the intentional torts, is hyper-sensitivity relevant?
NO, hyper-sensitivity of the P is ignored in determination of entitlement to recovery.
Is incapacity a defense?
No incapacity defense
What element is present in all intentional torts?
Specific or general intent.
What are the four intentional torts to a person?
1) Battery, 2) Assault, 3) False imprisonment 4) IIED.
What are the two elements of battery?
- D makes harmful/offensive contact
2. With P’s person
What makes the harmful offensive contact with battery harmful/offensive?
the contact is considered offensive if it would be considered offensive to a reasonable person.
What are the two quirks of contact with P’s person in a battery?
The Plaintiff’s person includes anything the P is holding and the battery doesn’t have to be instantaneous.
What are the two elements of assault?
- D places P in apprehension
2. Of immediate battery (not words alone)
What is needed to place a P in apprehension regarding assault?
Requires knowledge, got to see it coming.
What is need to apprehend the immediate battery with assault?
More than words, there has to be conduct.
What are the two elements of false imprisonment?
- D commits act of restraint
2. P confined in bounded area
What is an act of restraint regarding false imprisonment?
It can be a threat, physical act or omission.
What is the bounded area in false imprisonment?
It has to be bounded but doesn’t need to be marked out by boundaries/walls/fences.
Where is an area not bounded in false imprisonment?
When you have a reasonable means of escape.
What are the three elements of the intentional infliction of emotional distress tort?
- D must exhibit outrageous conduct (exceeds all bounds of decency tolerated in civilized society)
- P must suffer severe distress
- Intent
What are four hallmarks of outrageousness for IIED?
1) Continuous or repetitive conduct;
2) Defendant a common carrier or inn keeper;
3) Plaintiff in fragile class of persons;
4) If D has prior knowledge of P’s emotional sensitivity.
Do you require evidence to prove you have developed physical symptoms as a result of your severe distress for IIED?
No specific evidence required.
What are the two intentional torts to property?
1) Trespass to land
2) Trespass to chattels/conversion
What is trespass to land?
- Act of physical invasion
- Land of another
- Intent (got to challenged location on purpose)
What is involved in the committing of an act of physical invasion?
1) You can go go/enter P’s property: To enter someones property you have to have intent but need not have knowledge of boundaries.
2) Throw something on the land: Thing thrown must be tangible
3) You need land. Also includes airspace above and subsurface below.
What is trespass to chattels/conversion?
Private, civil, money-damages remedies for vandalism and theft of property
Trespass to chattels for small harms
Conversion for significant harms
Remedies
- Trespass to chattels: cost of repair/rental
- Conversion: FMV
What affirmative defenses are available?
1) Consent, 2) Protective privileges 3) Necessity Doctrines
What is the consent affirmative defense?
- P must have capacity to consent
- Express or implied
- Limited to scope of consent
What is the exception to express consent as an affirmative defense?
Fraud or duress to procure consent
