Intentional Torts

Question 1

Transferred Intent

Answer 1

When D intends to commit a tort on someone but instead (1) commits a different tort against that person, or (2) commits the same tort as intended but against a different person, or (3) commits a different tort against a different person

Limited to BAFTT: Battery, Assault, False imprisonment, Trespass to land, trespass to chattels

Question 2

Intent

Answer 2

May be specific or general. Actor DOES NOT need to intend the ACTUAL INJURY that results, just the intend the act that results in injury

Question 3

Causation

Answer 3

D’s conduct must be a SUBSTANTIAL FACTOR in bringing about the injury

Question 4

Battery

Answer 4

(1) Harmful or offensive conduct; (2) to a P’s person; (3) intent; and (4) causation (note: no damages required)

Offensive is reasonable person standard. Harmful is if it causes actual injury, pain, or disfigurement

Can be direct or indirect contact (setting a trap)

P’s person includes anything connection to the plaintiff (clothing, purse)

Can CONSENT to the offensive touching. Implied consent for ordinary contacts of everyday life (minor bumping)

damages not required. nominal damages if actual damages not proved. Malicious conduct can permit punitive damages

Question 5

Assault

Answer 5

(1) an act by D creating a reasonable apprehension, (2) of immediate harmful or offensive contact to P’s person, (3) intent, and (4) causation

Reasonable person test for apprehension. P must be aware of threat to have apprehension

Requires immediacy of apprehended battery

damages not required. nominal damages if actual damages not proved. Malicious conduct can permit punitive damages

Question 6

Words in Assault

Answer 6

Words alone are insufficient. Must be coupled with conduct. Words can NEGATE reasonable apprehension

Question 7

False Imprisonment

Answer 7

(1) act or omission that CONFINES OR RESTRAINTS P, (2) to a bounded area, (3) intent, and (4) causation

Can be physical barriers, physical force, threats of force, failure to release, and invalid use of legal authority

Future threats insufficient

P must KNOW of the confinement or be harmed by it

Time is irrelevant

Bound: must be no REASONABLE means of escape KNOWN to P

damages not required. nominal damages if actual damages not proved. Malicious conduct can permit punitive damages

Question 8

IIED

Answer 8

(1) extreme and outrageous conduct; (2) intent or recklessness; (3) causation; and (4) DAMAGES – SEVERE emotional distress

NOTE: recklessness suffices unlike other intentional torts. Also requires damages, but physical damge not required

Question 9

Extreme and Outrageous Conduct for IIED

Answer 9

Transcends all bounds of decency

conduct not normally outrageous may become so if (1) continuous in nature; (2) directed toward a certain P (children, elderly, pregnant, known sensitive ppl); (3) committed by a certain type of D (common carriers, innkeepers)

Question 10

Bystander IIED

Answer 10

when P suffers IEED from D’s intentional harm to a third person, P may recover by showing either prima facie IIED or that (1) she was PRESENT when injury occurred, (2) she is a CLOSE RELATIVE of injured person, AND (3) D knew 1 and 2

Question 11

Trespass to Land

Answer 11

(1) Physical Invasion of P’s REAL PROPERTY; (2) intent; and (3) causation

Can be by person or object. If intangible, it is a nuisance case.

Real property includes airspace and subsurface

D need only intend to enter onto piece of land (no malicious requirement)

NOTE: No damages required

NOTE: anyone in ACTUAL or CONSTRUCTIVE possession of the land can bring an action, even if that possession is without title or right. Someone not in possession generally has no right to sue (e.g. a landlord when there is a tenant). Majority exception if there is a trespass that causes injury to land, such as permanent damage

Question 12

Trespass to Chattels

Answer 12

(1) Act by D that interferes with P’s right of possession in a chattel; (2) intent; (3) causation; and (4) damages

can be intermeddling (damages) or dispossession

Intent to trespass not required, mere intent to do the act is all that is needed. Mistaken belief is no offense

Actual damages to at least a possessory right are required

Question 13

Conversion

Answer 13

(1) interference w/ p’s right of possession in a chattel; (2) that is so serious that it warrants requiring full payment of the chattel; (3) intent; and (4) causation

Mistake to ownership is no defense. Intent to do the act is enough

Damages are FMV at the TIME OF CONVERSION or REPLEVIN

Question 14

Consent

Answer 14

consent to D’s conduct is defense, but CANNOT consent to a criminal act

Must have capacity. Can’t consent if you lack capacity (NOTE: capacity is no defense to intentional torts though. Everyone has capacity to commit a tort, but not to consent to a tort)

Question 15

Express Consent

Answer 15

D is not liable if P expressly consents to D’s conduct

Exceptions: (1) If d knew of and took advantage of P’s mistake in consent; (2) consent induced by fraud if it goes to an essential matter; or (3) consent obtained by duress, unless if only FUTURE threats

Question 16

Implied Consent

Answer 16

Apparent consent when a reasonable person would infer from custom, usage, or conduct

Ex: contacts inherent in sports, ordinary incidental contact;

Question 17

Consent implied by law

Answer 17

When action is necessary to save a person’s life or some other important interest in person or property. Form of implied consent

NOTE: (house on fire in refresher)

Question 18

Self-Defense

Answer 18

Force used when a person reasonably believes she is or about to be attacked

Reasonable mistake as to existence of danger is allowed

May use only reasonably necessary force to prevent the harm. If use more force than necessary, defense is lost

Defense can extend to third-party injuries caused while actor was defending herself, unless done deliberately

Question 19

Duty to Retreat

Answer 19

Never a duty to retreat in one’s home

Majority rule: NO DUTY TO RETREAT

Modern trend: imposes duty to retreat before using deadly force if it can be done safely, UNLESS in the home

Question 20

Defense of Others

Answer 20

Force may be used to defend another when reasonably believes that the other person could have used the force himself

Reasonable mistakes allowed

Question 21

Defense of Property

Answer 21

May use reasonable force to prevent commission of a tort against her real or personal property

Request to desist must FIRST be made UNLESS it would clearly be futile or dangerous

Reasonable mistake is allowed as to whether an intrusion has occurred or whether request to desist is required.

Reasonable force may be used, but can NEVER use force causing death or serious bodily harm to protect the home, unless there is an invasion of property that entails a serious threat of bodily harm

NOTE: if D is privileged to enter, can’t use this defense

Question 22

Recapture of Chattels

Answer 22

If lawful possession, can only use PEACEFUL means to recover chattel.

If in HOT PURSUIT of wrongful possession (theft), can use Force. Must first make a timely demand to return unless clearly futile or dangerous

Can only recapture from wrongdoer. Can’t recapture if now in the hands of an innocent party

Question 23

Entry on Land to Remove Chattel

Answer 23

Privileged to reasonably enter onto land and reclaim chattel, if first made a demand for the chattel

If on land of innocent party, owner may enter and reclaim if reasonable and gave notice of presence of chattel, but refusal to return

Question 24

Shopkeeper’s Privilege

Answer 24

Shopkeepers may detain a suspected shoplifter for investigation

(1) REASONABLE BELIEF as to the fact of theft; (2) detention must be in a REASONABLE MANNER; (3) only NONDEADLY force is used; and (4) detention was for a REASONABLE PERIOD OF TIME and only for the purpose of making an investigation

Question 25

Privilege to Arrest

Answer 25

Privilege to enter land to effectuate arrest

If for a misdemeanor, privileged ONLY if for a breach of peace and if the action takes place in front of the defendant (but police has broader power)

Felony, only POLICE OFFICER may make a reasonable mistake. Citizens may make a reasonable mistake regarding identity of the felon, but not regarding whether the felony occurred

Question 26

Necessity

Answer 26

May interfere with real or personal property of another when reasonably and apparently necessary to avoid threatened injury from natural or other forces, and when the threatened injury is substantially more serious than the trespass

Two types: Public (for public good) and private (solely for benefit of a limited number of people)

For private, actor must pay for any injury he causes

NOTE: it is an absolute defense when trespass was necessary to benefit the landowner

ONLY A DEFENSE TO PROPERTY TORTS

Question 27

Discipline

Answer 27

parent or teacher may use REASONABLE force in disciplining children