Intentional torts Flashcards
What are the 2 elements of assault?
1) The ∆ must intentionallyplace π in reasonable apprehension Apprehension = knowledge of something;doesn’t need to be definitive, just reasonable and apparent
You don't have to fear the ∆ to have apprehension 2) The reasonable apprehension must be of an immediate battery (harmful/offensive contact) Words alone (without action/physical gesture) lack immediacy; however, 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) NOTE: damages are not required (π can recover nominal damages)
What are the 2 elements of battery?
1) The ∆ must intentionallycommit a harmful ORoffensive contact Intent = is satisfied as long as the ∆ knew with subsantial certainty that the harmful/offensive contact would take place
Offensive = violates a reasonable sense of personal dignity(i.e. if it’s unpermitted by a person of ordinary sensitivity) 2) The contact must be with the π’s “person” “Person” includes anything that is connected to the π (what's he's holding, touching, etc) NOTE: damages are not required (π can recover nominal damages)
What is tortioustransferred intent?
As long as ∆ has requisite intent at beginning of an intentional tort, the intent req is satisfied even if a DIFFERENT PERSON gets hurt or a DIFFERENT TORT is committed
Which 5 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... assault battery false imprisonment tresspas to land trespass to chattels
What isintent?
Intent may EITHER be…. Specific =the goal in acting 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 2 elements of false imprisonment?
1) The ∆ must commit act of restraint/confinement Sufficient restraint/confinement =(i) physical barriers; (ii) physical force; (iii) actionable threats of immediate force; (iv) failure to release; and (v) invalid use of legal authority
Act of restraint only counts if π knows of it OR is harmed by it (if π is unaware AND unharmed, then there can be no tort c/a for false imprisonment) 2)The π must be confined in a bounded area An area is NOT bounded, if there is a reasonable way to escape that π can reasonably discover (If it’s disgusting, hidden, humiliating OR dangerous, then it’s NOT reasonable) Amt of time confined is IRRELEVANT NOTE: damages are not required (π can recover nominal damages)
What are the 3 elements of intentional infliction of emotional distress (IIED)?
1)∆ must engage in outrageous conduct (intentionally OR recklessly) Outrageous conduct = “exceeds all bounds of decency tolerated in a civilized society”
NOT outrageous = (i) mere insults; (ii) ∆ exercising his 1st Am rights Outrageous (factors) = (i) the conduct is repetitive/continusous; (ii) the ∆ is a common carrier (Amtrak) or an inkeeper (hotel) can be liable for "gross insults"; (iii) member of a certain fragile π (i.e. children, elderly, known pregnant women) 2)π must be severely distressed No specific evidence needs to be offered by π π DOESN'T need to exhibit physical symptoms from the distress BUTactual damages are necessary(π CAN'T recover nominal damages) 3) For 3d party bystander IIED, must prove: The π was present when the injury occured 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 2 elements of trespass to land?
1) The ∆ must commit an act of PHYSICAL invasion Physical Invasion = (i) physical entrance onto property; (ii) propelling/throwing/tossing something physical onto land; but NOT (iii) intangible forces (light, smells, sounds, etc)
2) The act must interfere w/ π’s exclusive possession of real property Real property = includes not only the surface BUT ALSO airspace and subterrain (at reasonable distances)
The cause of action belongs to person in possession, not necessarily the owner (the lessee) NOTE: damages are not required (π can recover nominal damages)
What istrespass to chattels? (versus conversion?)
∆ intentionally interferes with π’s right of possession in a chattel Types of interference = (i) intermeddling (directly damaging chattel); OR (ii) dispossession (depriving π of lawful right to posess)
∆’s mistake as to ownership will not insulate from liability
NOTE: the damage remedy is the cost of repair -------------------------- re: Conversion vs. TTC Conversion requires interference so serious that it warrants requiring ∆ to pay FULL value Factors of serious interference: (i) the withholding pd; (ii) the extent of the use/damage NOTE: the damage remedy is for full mkt value (a forced sale) at the time of the CONVERSION
What is valid consent to an intentional tort?
1) Express consent= spoken/written “words” by π, giving ∆ permission to behave in a certain way 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… Apparent consent = consent based on ∆’s reasonable interpretation of π’s objective conduct/body language (NOTE: this applies ONLY to NORMAL contactinherent in sports, ordinary incidental contact like on a train, etc)
Consent implied by law = arises when it's necessary to save a person's life (or other important interest in person or property) NOTE: incapcitated individuals (incompetents; drunks; etc) are DEEMED INCAPABLE of consent; BUT children can consent to an age appropriate invasion of their person NOTE: all consents have a scope, and if ∆ exceeds the scope, then he will be liable for the tort
When canself-defense excuse a ∆’s intentional tort? NOTE:NY distinction
1) When a ∆ reasonably believes that she is being OR is about to be attacked The threat must be in progress or imminent→can’t use self-defense to responded to completed intentional tort (i.e. revenge)
A reasonable mistake as to the existence of the danger is allowed Generally NOT available to intital aggressor 2) When ∆ uses such force as reasonably necessary to protect against injury Can use up to deadly force if the circumstances necessitate it NY DISTINCTION: If there is a possibility of retreat, then you CAN'T use deadly force; UNLESS...(i) ∆ can't retreat safely; (ii) ∆ is in his own house; (iii) ∆ is a police officer (or a person assisting a police officer)
When can defense of othersexcusea ∆’s intentional tort?
1) When a ∆ reasonably believes that a 3d partyis being OR is about to be attacked The threat must be in progress or imminent»_space;can’t use defense of others to responded to completed intentional tort (i.e. revenge)
A reasonable mistake as to the existence of the danger to 3d partyis allowed 2) When ∆ believes that the 3d party could have used force to defend himself Can use as much force as he could have used in self-defense if he were the one threatened with injury
When can defense of propertyexcuse toa ∆’s intentional tort?
One may use reasonable force (but NOT deadly force)to prevent the commision of tort against her real or personal property E.g., Asecurity guard’s privilege to use REASONABLE force in detaining suspects (defense to false imprisonment) OR in attempting arrest (assault)
A request to desist or leave must first be made (UNLESS futile) The threat must be in progress (∆'s defense will be in hot pursuit) or imminent→can't use defense of property to responded to completed intentional tort (i.e. revenge) A reasonable mistake as to whether an interference has occured is allowed; NOTE: mistake is NOT ALLOWED when π's interference is privileged (e.g. necessity)
When can private necessityexcuse toa ∆’s intentional tort to property (land, chattels, conversion)?
If there is an emergency, which requires protection of∆’sprivate interest 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 toa ∆’s intentional tort to property (land, chattels, conversion)?
If there is an emergency, which requires protection of thecommunity as a whole or a significant group of ppl The ∆ IS NOT liable for actual damages, nominal or punitive damages w/r/tto π’s property
As long as the emergency continues, the ∆ CANNOT be expelled, evicted or ejected; there is a “right of sanctuary”
