Intentional Torts Flashcards
ABC FITT
Assault Battery Conversion False Imprisonment Intention Infliction of Emotional Distress Trespass to Land Trespass to Chattel
Intentional Torts
Defendant’s conduct is volitional, intent defined as
1) Desire result will occur
2) Knowledge that result will occur
3) Knowledge that result is substantially certain to occur.
Insane people held liable for torts.
Children possibly liable, look to maturity and experience.
Transferred Intent
Defendants wrongful intent is transferred from the intended victim to actual victim or from intended tort to the committed tort.
Does not apply to Conversion or IIED.
Modernly limited to Assault, Battery and False Imprisonment.
Assault
1) Intentional, 2) placing of another in reasonable apprehension, 3) of an imminent harmful or offensive touching, 4) without consent or privilege.
Words alone are not sufficient, unless Defendant know of the plaintiff’s special susceptibilities.
Need not be frightened, subjective test of apprehension of actual touching.
Practical jokes are sufficient, threats of future harm are not. Defendant needs apparent present ability to cause the touching.
Battery
1) Intentional, 2) harmful or offensive touching of another, 3) without consent or privilege
Trivial touching or instrument will suffice.
Awareness not necessary.
False Imprisonment
1) Intentional, 2) physical or psychological confinement of another, 3) within fixed boundaries, 4) for any period of time, 5) without consent or privilege.
Words alone may suffice.
Plaintiff cannot have reasonable means of escape, without putting self in peril.
Threat of future confinement not sufficient.
Majority: must be aware of confinement
Minority: if not aware of confinement, must be damaged
Intentional Infliction of Emotional Distress (IIED)
1) Conduct of and extreme and outrageous nature, 2) which is calculated or recklessly causes, 3) and which does cause severe emotional distress.
Watch for innkeepers, common carriers and public utilities, conduct does not need to be as outrageous.
Plaintiff’s sensitivities must be weighed.
Common Law - Need manifestation of physical injury.
Modernly - No physical injury needed.
IIED Bystander Recovery
Bystander was present when injury occurred, was a close relative of the injured and Defendant knew both facts.
Trespass to Land
1) Intentional, 2) Entry upon land, 3) in possession of another, 4) without consent or privilege.
Intentional Trespass - Defendant intends to enter the land; no damages needed can recover nominal damages.
Negligent Trespass - reckless or negligent result of dangerous activity; damages needed to recover.
Accidental Trespass - unintentional and non-negligent, result in no liability.
Trespass to Chattel
1) Intentional, 2) interference with chattel, 3) in possession of another, 4) without consent or privilege.
Trespass includes:
1) Taking without consent
2) Obtaining by fraud
3) Destruction (Conversion)
4) Barring access
5) Interfering with possession of leased/rented
Intermeddling - damaging chattel
Remedies
1) Loss of value or cost of repair
2) Reasonable Rental Value
Conversion
1) Intentional, 2) exercise of wrongful dominion and control, 3) in possession of another, 4) without consent or privilege.
If defendant buys or receives stolen goods in good faith, liable as innocent converter. Have to return property.
Remedies:
1) Forced Sale - Defendant required to pay full market value of chattel.
2) Replevin - wrongful taking and wrongful withholding
3) Detinue - rightful taking and wrongful withholding
Defenses
Crazy Silly Double Dealing Dirty Dog Leave Right Now Never Return Ever
Consent Self Defense Defense of Others Defense of Property Discipline Detention for Investigation Legal Authority Reentry of Land Wrongfully Withheld Necessity Pubic Necessity Private Recapture of Chattel wrongfully withheld Entry to abate a nuisance
Consent
Actual, Apparent, Implied by Law
No consent if:
1) Scope exceeded
2) Obtained by duress, fraud or mistake
3) Illegal Act - Majority no defense, minority defense.
Self Defense
Reasonable belief of imminent danger and reasonable non deadly force to repel attack.
Deadly force - actor believes they are in danger of death or serious bodily harm.
Retreat:
Majority - No duty to retreat unless attacker’s conduct is unintentional.
Minority - Must retreat unless dangerous, in home, or attempting valid arrest.
Defense of Others
Reasonable force to protect 3rd party from harm.
Majority - Step into shoes of victim, mistake not protected.
Minority - Reasonable mistake protected.
