Intentional Torts Flashcards
What are the two general requirements for an intentional tort?
- A voluntary act
2. Intent - The act must be purposeful; D knows consequence is substantially certain
What are the (4) elements of battery?
- Harmful or offensive contact (objective standard)
- To a person of another (or anything connected)
- Causation (direct or indirect)
- D has intent (transferred intent applies)
What is the definition of assault?
Assault is an act or threat by D intended to cause apprehension of imminent harm or offensive contact
What are the (4) elements of assault?
- Conduct or other circumstances (mere words not enough)
- P must have reasonable apprehension and awareness of D’s act
- Imminent threat of harm
- Intent (includes transferred intent)
What are the (5) elements of intentional infliction of emotional distress (IIED)?
- Intent (not transferred) or recklessness
- Extreme and outrageous conduct by D (beyond human decency, outrageous!)
- Third party liability (distresses member of victim’s immediate family–without or without bodily injury–or other bystander with bodily injury)
- Causation (substantial-factor test)
- Damages - severe emotional distress (beyond reasonable person’s endurance or D knows of plaintiff’s heightened sensitivity)
What are the (3) elements of false imprisonment?
- Intent to confine or restrain another within boundaries (no reasonable means of safe escape)
- Confinement
- Victim is conscious of confinement or harmed by it
What is the shopkeeper’s privilege?
A shopkeeper may make a reasonable detention of suspected shoplifter–this will not be false imprisonment.
Name the four intentional torts involving personal injury
- Battery
- Assault
- IIED
- False imprisonment
Name six defenses to international torts involving personal injury
- Consent (express or implied)
- Self-defense
- Defense of others
- Defense of property
- Parental discipline
- Privilege of arrest
How much force is reasonable in self-defense situation?
In self-defense, one may use force proportionate to the anticipated harm; reasonable mistake does not invalidate the defense.
When is deadly force permissible in self-defense situation?
When there is a reasonable belief of serious bodily injury or death.
What is the majority rule regarding duty to retreat? Minority rule?
Majority rule is there is no duty to retreat from any place you are legally allowed to be (“stand your ground”).
Minority rule is you have a duty to retreat unless you are in your home.
What is the basis for using force in defense of others?
- Must have a reasonable belief the other person may use force to defend; and
- Amount of force used must be reasonable
When can force be used in a felony arrest by a private citizen?
When the crime was actually committed and it was reasonable to suspect the person arrested committed it (reasonable mistake as to commission of felony is not a defense).
When can force be used in a felony arrest by a police officer?
When it was reasonable to believe a felony committed and it was reasonable to suspect the person arrested committed it (no tort liability for mistake as to commission of felony).
