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Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

Intentional Torts - General Concept

A

Where there is intent to engage in conduct

  • intent to harm is not necessary
  • if intent to harm is present Transferred Intent Doctrine Applies
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2
Q

Intentional Torts -Requirements - Intent to act not to harm / Standard, effect

A
  • Standard: enough to “put force into motion” that leads to detrimental result
    • very low bar affects even children and mental incapable
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3
Q

Intentional Torts -Transferred Intent Doctrine / application, effect, types (2)

A
  • For torts with intention to cause harm
  • Expands liaiblity from tortfeasor/victim relation
  • Can be:
    • Btwn parties
    • Btwn torts
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4
Q

Intentional Torts - Transferred Intent - Between Parties /whom, result

A
  • either for P or D when intention is the same
  • Intent to to affect one person but affect another, the tort is satisfied in relation to the second
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5
Q

Intentional Torts - Transferred Intent - Between Torts /what, result

A
  • Intent trasnfers from intended tort to resulting tort
  • For BAFTT:
    • Battery
    • Assault
    • False Imprisonment
    • Tresspass to land
    • Tresspass to chattels
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6
Q

Intentional Torts - Standard for victim / gral rule and exception

A

Gral Rule: ORDINARY PERSON (type of contact that oridnary person would object or be harmed)

  • Heightened susecptibility of P doesnt change standard

UNLESS: D aware of heihgtened susceptibilty and therefore knew injury would be beyond ordinary person

+ rules for infliciton of emotional distress

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7
Q

Intentional Torts - Negligence Claim Option Rule / when, effect

A

If act does not have elements for IT or if any defenses or privleges

  • D can always be potentially liable on N
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8
Q

IT - Battery - Elements (3)

A
  1. Harmful or offensive contact
  2. With the “dignity” of P - extendable to object closely associated
  3. No apprehension of contact by D necessary - doesnt have to be aware
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9
Q

IT - Battery - Special Contact Rules / daily basis, nmechanical, self defense

A
  • Some day-to-day contact is allowed and not tort (i.e. in the subway)
  • Contact can be caused by person or mechanical device
  • On self defense, battery if excessive force
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10
Q

IT - Battery - Special Contact Rules - Medical Operation

A

Battery when:

  • is non-emergency and wihtout consent
  • Exceeds original consent by client
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11
Q

IT - Assault (threat) - Elements (3)

A
  1. Intentional and unprivileged act
  2. Causing P’s mental apprehension of
  3. Inminent harmful or offensive contact to herself
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12
Q

IT - Assault (threat) - Inmediate threat requirement / what, intention, apprehension, words

A
  • Inminency is required - i.e. raised fit, pointed by gun
  • Malice or intention to threat is not relevant - i.e. toy gun
  • P needs to be aware
  • Words usually dont qualify - unless it comes with gestures and behaviours
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13
Q

IT - Difference btwn battery/assault

A
  1. Battery = contact vs Assault = threat
  2. P’s awareness: only necessary for assault
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14
Q

IT - False Imprisonment - Elements (3)

A
  1. Intentional and unprivileged confinement or restrain
  2. By D aware of the act
  3. of P’s liberty against his will and w/out justification or consent
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15
Q

IT - False Imprisonment - Confinement Requirement / intent, scape

A
  • D must have had intent to physically bound P by force or threat
    • if unintentional - possible N
  • D must not have any way to escape
  • D must not remain voluntarily
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16
Q

IT - False Imprisonment - “Arrest” Rules /who, mistake

A

Arrest is privileged act by:

  • Police: by the authority law and based on probable cause
    • mistake allowed if reasonable basis
  • Citizen: when in his presence
    • liable if no warrant or crime
    • no mistake allowed or excess over reasonable time to detain
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17
Q

IT - False Imprisonment - “Shopkeeper Privilege” Rule / what, reqs (3)

A
  • Statutory right (privlege) to temporary detain suspected shoplifter
  • Reasonability test requirements:
  1. Reasonable basis for suspicion
  2. For reasonable time sufficient to conduct investigation
  3. Reasonable means of restrain or confinement
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18
Q

IT - Tresspass to Land - Elements (3)

A
  1. D intentionally and physically
  2. Invades or wrongfully remains
  3. On P’s possessory interest in real property
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19
Q

IT - Tresspass to Land - Intention Rules / voluntary, GF, remain

A
  • Must be intentional and voluntary: i.e. no tresspass if pushed into property
  • Good faith is irrelevant: i.e. survey wrong property
  • “Remaining” in land after lawfull entry also tresspass: i.e. tenant holding over to leased property
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20
Q

IT - Tresspass to Land - Necessity and Emergency Privileges

A
  • Tresspasser not liable for nominal dx when entering property on emergency situation
    • Pontentially liable for actual dx caused
  • If public necessity - even actual dx precluded from recovery
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21
Q

IT - Tresspass to Chattels - Elements

A
  1. Relatively minor use or intermeddling with personal property
  2. Of property owned/possessed by P
  3. Without his permission
  4. Without intention to exercise dominion over ituyf
22
Q

IT - Tresspass to Chattels - DX rules / proof, amount

A
  • Required to prove actual dx
    • No BAFTD - no nominal dx
  • ie.e dx to chattel itself or deprivation of use for significant period of time
  • If dx over 50% of value of chattel, better chances with conversion
23
Q

IT - Tresspass to Chattels - Privilege

A
  • “Recapture of Chattels” (also for conversion)
    • Allows owner/possesor to use reasaonble force to recover wrongfully taken chattel
    • Limited to “hot pursuit” inmediatly after taking
24
Q

IT - Conversion - Elements (2)

A
  1. Wrongful exercise of dominion and control (claim of ownership)
  2. Over D’s personal property
25
Q

IT - Conversion - DX Rules / proof, amount of recovery

A
  • Actual dx (no “nominal” dx)
  • Entitled to Full Market Value + consequential loss
    • unless asset returned undamaged
26
Q

IT - Conversion - Intention Rule

A
  • No trasnferred intent
    • D must have had intention to convert
27
Q

IT - Conversion - Stolen Goods Rule

A
  • Converter CANNOT transfer title to BFP
  • Owner has replevin right (repossession) AND “recapture of chattels” privilege
28
Q

IT - Differences Conversion/Tresspass to Chattels (2)

A
  1. Minor temporary comminglign vs intent to exercise control and domonion
  2. Dx: conversion allows for more susbtantial dx
  3. Mistake: not allowed as defense in relation to ownership
29
Q

IT - Infliction of Emotional Distress or Outrage - Elements (3)

A
  1. Extreme/outrageous/ reckless or intentional conduct by D
  2. Causing P to suffere sever emotional or mental distress
  3. Manifested in objective symptoms (for which medical aid is usually required) [physical harm not required in most jdx]
30
Q

IT - Infliction of Emotional Distress or Outrage - Dx Rules / proof, insults

A
  • Proof of actual dx required
  • Mere words/insults usually not enough EXCEPT for carriers or inkeepers
  • Physical harm (as objective sympton) not required in most jdx
31
Q

IT - Infliction of Emotional Distress or Outrage - Intent Rules / trasnferred intent, N

A
  • No transferred intent - actual intent to act on relation particular P required
  • If Negligent D - lack of intent, usually more serious physical dx are required
32
Q

IT - Infliction of Emotional Distress or Outrage - 3rd party P’s Rule/ recovery when (3)

A

3rd parties allowed to recover when:

  1. Family members
  2. In the “zone of danger”
  3. D knew of their presence and acted dangerously (i.e. wife witness husband being assaulted)
33
Q

IT - Infliction of Emotional Distress or Outrage - P’s heightened sensibility Rule / standard, exception (2)

A
  • Gral Rule: Reasonable Person sensitivity
    • Differs from gral tort rule of “Taking P as it comes”
  • UNLESS:
  1. D knows or should have known of special vulnerability
  2. D has special trust of P (i.e. babysitter)
34
Q

IT - Defenses and Privileges - Types (9)

A
  1. Consent
  2. Defense of self
  3. Defense of others
  4. Defense of property
  5. Recapture of chattels
  6. Necessity
  7. Under Color of Law
  8. Discipline
  9. Justification - court created “catch-all”
35
Q

IT - Defenses and Privileges - Consent - Elements (2)

A
  1. P validly expressess or implies knowingly willingness
  2. To accept consequence of D’s act
36
Q

IT - Defenses and Privileges - Consent - Requirements

A
  • Has to be as informed appreciation of risks and dangers assumed
  • Freely obtained under Reasonable Person Standard
    • duress/fraud to induce consent invalidate defense
37
Q

IT - Defenses and Privileges - Consent - Mistake Rules

A
  • Mistaked in consent is allowed UNLESS:
    • D knew of mistake
    • D caused mistake
38
Q

IT - Defenses and Privileges - Consent - Criminal Act Rule

A
  • Consent to participate in criminal act OK as defense UNLESS
    • law violated is one created for protection a class of people P is part of.
39
Q

IT - Defenses and Privileges - Defense of Self - Elements (3)

A
  1. Use of reasonable force
  2. To protect from
  3. Threatened, inminent, unprivileged harm against own person
40
Q

IT - Defenses and Privileges - Defense of Self - Necessity Requirement

A
  • D must have reasonably believed and apprehend force required to defend
    • Mistake OK if reasonable under circumstances
41
Q

IT - Defenses and Privileges - Defense of Self - 3rd party Injury Rule

A

Self defense usually allowed as dfense in relation to 3rd party injured for battery

  • possible N action for the 3rd party
42
Q

IT - Defenses and Privileges - Defense of Others - Concept + protected parties, use of force

A

3rd party acts as victim in use of self defense to protect other

  • not limited to family members
  • Only reasonable use of force (similar to self defense)
43
Q

IT - Defenses and Privileges - Defense of Property - Elements / Timing!!!

A
  1. Use of force
  2. To prevent
    • Before occurence, despite of possible recpature of chattels privilege
  3. Entry onto land or taking of chattels
44
Q

IT - Defenses and Privileges - Defense of Property - Use of Force Rules/ deadly?

A
  • NO DEADLY force UNLESS as response to deathly force by attacker
  • Reasonable under circumstances
    • i.e. no bear traps, spring triggers
45
Q

IT - Defenses and Privileges - Recapture of Chattels / by whom, type of force, mistake

A
  • By owner owner towards thief
  • use of reasoanble force DURING hot pursue
  • Mistaken belief is not defense for owner
46
Q

IT - Defenses and Privileges - Recapture of Chattels - Tresspass Defense

A
  • Owner in hot pursuit and after demand to return
  • Can tresspass into property to recover
  • If “thief” innocent - owner is liable for dx caused by entry
47
Q

IT - Defenses and Privileges - Necessity - Test

A
  • Balance Test:
    • apparent threatened injury VS harm to be inflicted in P’s property
  • Reasonable mistake is allowed
48
Q

IT - Defenses and Privileges - Necessity - Types (2)+ effects

A
  1. Public: Gral public interest
    • Absolute privilege - not liable for any injuries or dx (i.e. firefighter breaking door)
  2. Private: for self-interest
    • has to pay for dx caused
49
Q

IT - Defenses and Privileges - Under the color of Law / when, for whom

A
  • For battery and false imprisonment
  • Exercise by:
    • Police officer: probable cause, reasoanble mistake ok
    • Private Citizen: crime/felony committed on his presence, no mistake allowed
    • Shopkeeper privilege: reasonable mistake ok
    • To prevent crime: reasonable force
50
Q

IT - Defenses and Privileges - Under the color of Law - Crime Prevention - Deadly force allowed when (2)

A

Fleeing subject

  1. Posses threat of death
  2. Has engaged in serious felony, i.e. armed robbery
51
Q

IT - Defenses and Privileges - Discipline / whom, test

A
  • For parents, teachers, military officials
  • TEST:
    • For parents: was it legitimally motivated AND use of force was not more than reasonably necessary
    • For other: usually established by rules and regulations
52
Q

IT - Defenses and Privileges - “Justification” - court created catch all - Gral Test/Rule

A

NO liaiblity for IT IF tort would have been committed by reasoanble person in similar circumstances

Torts (11 decks)

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