Intentional Torts Flashcards
Intentional Torts - General Concept
Where there is intent to engage in conduct
- intent to harm is not necessary
- if intent to harm is present Transferred Intent Doctrine Applies
Intentional Torts -Requirements - Intent to act not to harm / Standard, effect
- Standard: enough to “put force into motion” that leads to detrimental result
- very low bar affects even children and mental incapable
Intentional Torts -Transferred Intent Doctrine / application, effect, types (2)
- For torts with intention to cause harm
- Expands liaiblity from tortfeasor/victim relation
- Can be:
- Btwn parties
- Btwn torts
Intentional Torts - Transferred Intent - Between Parties /whom, result
- 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
Intentional Torts - Transferred Intent - Between Torts /what, result
- Intent trasnfers from intended tort to resulting tort
- For BAFTT:
- Battery
- Assault
- False Imprisonment
- Tresspass to land
- Tresspass to chattels
Intentional Torts - Standard for victim / gral rule and exception
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
Intentional Torts - Negligence Claim Option Rule / when, effect
If act does not have elements for IT or if any defenses or privleges
- D can always be potentially liable on N
IT - Battery - Elements (3)
- Harmful or offensive contact
- With the “dignity” of P - extendable to object closely associated
- No apprehension of contact by D necessary - doesnt have to be aware
IT - Battery - Special Contact Rules / daily basis, nmechanical, self defense
- 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
IT - Battery - Special Contact Rules - Medical Operation
Battery when:
- is non-emergency and wihtout consent
- Exceeds original consent by client
IT - Assault (threat) - Elements (3)
- Intentional and unprivileged act
- Causing P’s mental apprehension of
- Inminent harmful or offensive contact to herself
IT - Assault (threat) - Inmediate threat requirement / what, intention, apprehension, words
- 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
IT - Difference btwn battery/assault
- Battery = contact vs Assault = threat
- P’s awareness: only necessary for assault
IT - False Imprisonment - Elements (3)
- Intentional and unprivileged confinement or restrain
- By D aware of the act
- of P’s liberty against his will and w/out justification or consent
IT - False Imprisonment - Confinement Requirement / intent, scape
- 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
IT - False Imprisonment - “Arrest” Rules /who, mistake
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
IT - False Imprisonment - “Shopkeeper Privilege” Rule / what, reqs (3)
- Statutory right (privlege) to temporary detain suspected shoplifter
- Reasonability test requirements:
- Reasonable basis for suspicion
- For reasonable time sufficient to conduct investigation
- Reasonable means of restrain or confinement
IT - Tresspass to Land - Elements (3)
- D intentionally and physically
- Invades or wrongfully remains
- On P’s possessory interest in real property
IT - Tresspass to Land - Intention Rules / voluntary, GF, remain
- 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
IT - Tresspass to Land - Necessity and Emergency Privileges
- 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
IT - Tresspass to Chattels - Elements
- Relatively minor use or intermeddling with personal property
- Of property owned/possessed by P
- Without his permission
- Without intention to exercise dominion over ituyf
IT - Tresspass to Chattels - DX rules / proof, amount
- 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
IT - Tresspass to Chattels - Privilege
- “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
IT - Conversion - Elements (2)
- Wrongful exercise of dominion and control (claim of ownership)
- Over D’s personal property
IT - Conversion - DX Rules / proof, amount of recovery
- Actual dx (no “nominal” dx)
- Entitled to Full Market Value + consequential loss
- unless asset returned undamaged
IT - Conversion - Intention Rule
- No trasnferred intent
- D must have had intention to convert
IT - Conversion - Stolen Goods Rule
- Converter CANNOT transfer title to BFP
- Owner has replevin right (repossession) AND “recapture of chattels” privilege
IT - Differences Conversion/Tresspass to Chattels (2)
- Minor temporary comminglign vs intent to exercise control and domonion
- Dx: conversion allows for more susbtantial dx
- Mistake: not allowed as defense in relation to ownership
IT - Infliction of Emotional Distress or Outrage - Elements (3)
- Extreme/outrageous/ reckless or intentional conduct by D
- Causing P to suffere sever emotional or mental distress
- Manifested in objective symptoms (for which medical aid is usually required) [physical harm not required in most jdx]
IT - Infliction of Emotional Distress or Outrage - Dx Rules / proof, insults
- 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
IT - Infliction of Emotional Distress or Outrage - Intent Rules / trasnferred intent, N
- 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
IT - Infliction of Emotional Distress or Outrage - 3rd party P’s Rule/ recovery when (3)
3rd parties allowed to recover when:
- Family members
- In the “zone of danger”
- D knew of their presence and acted dangerously (i.e. wife witness husband being assaulted)
IT - Infliction of Emotional Distress or Outrage - P’s heightened sensibility Rule / standard, exception (2)
- Gral Rule: Reasonable Person sensitivity
- Differs from gral tort rule of “Taking P as it comes”
- UNLESS:
- D knows or should have known of special vulnerability
- D has special trust of P (i.e. babysitter)
IT - Defenses and Privileges - Types (9)
- Consent
- Defense of self
- Defense of others
- Defense of property
- Recapture of chattels
- Necessity
- Under Color of Law
- Discipline
- Justification - court created “catch-all”
IT - Defenses and Privileges - Consent - Elements (2)
- P validly expressess or implies knowingly willingness
- To accept consequence of D’s act
IT - Defenses and Privileges - Consent - Requirements
- Has to be as informed appreciation of risks and dangers assumed
- Freely obtained under Reasonable Person Standard
- duress/fraud to induce consent invalidate defense
IT - Defenses and Privileges - Consent - Mistake Rules
- Mistaked in consent is allowed UNLESS:
- D knew of mistake
- D caused mistake
IT - Defenses and Privileges - Consent - Criminal Act Rule
- 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.
IT - Defenses and Privileges - Defense of Self - Elements (3)
- Use of reasonable force
- To protect from
- Threatened, inminent, unprivileged harm against own person
IT - Defenses and Privileges - Defense of Self - Necessity Requirement
- D must have reasonably believed and apprehend force required to defend
- Mistake OK if reasonable under circumstances
IT - Defenses and Privileges - Defense of Self - 3rd party Injury Rule
Self defense usually allowed as dfense in relation to 3rd party injured for battery
- possible N action for the 3rd party
IT - Defenses and Privileges - Defense of Others - Concept + protected parties, use of force
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)
IT - Defenses and Privileges - Defense of Property - Elements / Timing!!!
- Use of force
- To prevent
- Before occurence, despite of possible recpature of chattels privilege
- Entry onto land or taking of chattels
IT - Defenses and Privileges - Defense of Property - Use of Force Rules/ deadly?
- NO DEADLY force UNLESS as response to deathly force by attacker
- Reasonable under circumstances
- i.e. no bear traps, spring triggers
IT - Defenses and Privileges - Recapture of Chattels / by whom, type of force, mistake
- By owner owner towards thief
- use of reasoanble force DURING hot pursue
- Mistaken belief is not defense for owner
IT - Defenses and Privileges - Recapture of Chattels - Tresspass Defense
- 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
IT - Defenses and Privileges - Necessity - Test
- Balance Test:
- apparent threatened injury VS harm to be inflicted in P’s property
- Reasonable mistake is allowed
IT - Defenses and Privileges - Necessity - Types (2)+ effects
- Public: Gral public interest
- Absolute privilege - not liable for any injuries or dx (i.e. firefighter breaking door)
- Private: for self-interest
- has to pay for dx caused
IT - Defenses and Privileges - Under the color of Law / when, for whom
- 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
IT - Defenses and Privileges - Under the color of Law - Crime Prevention - Deadly force allowed when (2)
Fleeing subject
- Posses threat of death
- Has engaged in serious felony, i.e. armed robbery
IT - Defenses and Privileges - Discipline / whom, test
- 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
IT - Defenses and Privileges - “Justification” - court created catch all - Gral Test/Rule
NO liaiblity for IT IF tort would have been committed by reasoanble person in similar circumstances
