Intentional Torts Flashcards
1
Q
What is a voluntary act?
A
An action that is conscious or willed (≠ purely reflexive)
2
Q
What elements of an intentional tort?
A
- Voluntary Act
- Intentional Act
- Causation
- Harm
3
Q
What establishes intent for intentional torts?
A
- ∆ desires that his act will cause a harmful result
Or
- ∆ knows that it is substantially certain that such a result/harm will occur.
4
Q
What satisfies the causation element in intentional torts?
A
The ∆’s act must be the cause of π’s injury.
5
Q
What is the impact of proximate cause on intentional torts?
A
Proximate cause does not factor in because of the extended consequences rule.
6
Q
What is the extended consequences rule?
A
A ∆ is responsible for all consequences flowing from an intentional tort: whether foreseeable or not.
7
Q
Are children liable for their intentional torts?
A
Yes, when they have the intent (knowledge) required for the tort
8
Q
Are parents liable for their children’s intentional tort?
A
No, parents are not directly liable unless directed by statute.
9
Q
A battery occurs when a ∆ does what?
A
Intentionally causes a harmful or offensive contact with the π or something closely connected to π.
10
Q
What are the elements of battery?
A
- ∆ has the intent to cause a
- Harmful or offensive contact
- With π or something physically connected to π.
11
Q
What satisfies the intent element of battery?
A
- ∆ desired/goal to bring about the contact
Or
- ∆ knows such contact was substantially certain to result from his actions.
12
Q
What is transferred Intent?
A
If a ∆ acts with the necessary intent to inflict an intentional tort but ∆ causes injury to a different victim than intended, then ∆’s intent is transferred to the actual victim.
13
Q
Transferred intent applies to which torts?
A
- Assault
- Battery
- False Imprisonment
- Trespass to Land
- Trespass to Chattels
14
Q
How does mental incompetency impact an intent requirement?
A
The fact that a defendant is mentally incompetent, or is a minor, does not preclude a finding that he possessed the intent to commit an intentional tort, but incompetency may affect whether such intent actually existed.
15
Q
When is the harmful or offensive contact element of battery satisfied?
A
- The contact inflicts any physical discomfort to π
or
- Contact is offensive to a reasonable person; unless ∆ know’s of π’s particular susceptibility.
16
Q
What can a battery’s harmful or offensive contact can be made to?
A
- π’s body
- Something that has a close physical connection to π’s body (something they eat or are holding)
17
Q
In a battery, does the π need to be aware of the contact?
A
No
18
Q
In an assault, does the π need to be aware of the contact?
A
Yes
19
Q
Does a π have to prove harm in a battery?
A
No, π must only prove that it would be offensive to a reasonable person & ∆ had the intent to cause the contact.
20
Q
What is a the most common defense to a battery?
A
Consent
21
Q
An assault arises when a ∆?
A
Intentionally causes the π to experience reasonable apprehension of an imminent battery.
22
Q
What are the elements of an assault?
A
- Intent
- Reasonable Apprehension
And
- Imminent battery
23
Q
When ∆ intends to commit one tort but commits another, what happens?
A
Transferred intent applies and transfers the intent of the intended crime to the other crime.
24
Q
What is the merger doctrine in intentional torts?
A
There is no merger doctrine, can be sued for each cause of action in which the elements are met.
25
What must be shown to prove the **reasonable apprehension** element of **assault**?
A reasonable person in π's position would have suffered apprehension; unless ∆ knows of π's particular susceptibility.
26
What happens to an **assault** action if the ∆ **lacked** the **ability** to cause a **battery**?
If π's apprehension is reasonable the fact that the ∆ lacked the actual ability to cause the battery does not defeat liability.
27
What must be shown in an **assault** action to prove **imminent battery**?
The battery has to be able to be carried out instantaneously.
28
When does **false imprisonment** occur?
When ∆ confines π in a bounded area against the plaintiff's will and the π knows of the confinement or is injured by the confinement.
29
What are the **elements** of **false imprisonment**?
1. ∆ intends to
2. Confine π in a bounded area
3. Against the π's will
4. π knows of the confinement or is injured by the confinement
30
When does a ∆ has the requisite **intent** for **false imprisonment**?
1. ∆ desires to confine the π
Or
2. ∆ knows that confinement is substantially certain to occur
31
How can a ∆ **confine** a π?
1. Use of physical barriers
2. Failing to release the π when ∆ is legally obligated to do so
Or
3. By the invalid assertion of legal authority to contain
32
What is the **duration** requirement for **false imprisonment**?
There is no duration required, the duration only goes to damages.
33
When can **threats** result in a **confinement**?
Force or threats of force against the:
1. π
2. π's close relatives
Or
3. valuable personal property( ≠ threats of reputational harm)
34
What is the impact of π knowing of a reasonable **means** **of escape** on a **false imprisonment** claim?
There is no false imprisonment if the π knows how to escape.
35
When is there **never** a reasonable **means of escape** for false imprisonment claims?
If there is any risk of harm to the π, including the risk of embarrassment.
36
What is the validity of a **false imprisonment** claim if **π agrees** to be **confined**?
There is no false imprisonment if there is consent.
37
What is the validity of a **false imprisonment** claim if the **π** was **not aware** that π was being **confined**?
If π is unaware, π can only get damages if they are harmed by the confinement.
38
What is the validity of a **false imprisonment** claim if the **π** is **aware** that π is being **confined**?
π can get damages regardless of if a harm is suffered.
39
What is the key to obtaining **damages** for **false imprisonment**?
π must have:
1. Awareness of the confinement
Or
2. Be harmed as a result of the confinement.
40
What is a **false arrest**?
It is a false assertion of legal authority. A form of false imprisonment.
41
When does intentional infliction of emotional distress (**IIED**) occur?
An intentional or reckless act of ∆ that constitutes extreme and outrageous conduct causes π severe emotional distress.
42
What is **IIED** is an abbreviation for?
Intentional infliction of emotional distress
43
What are the **IIED** **elements**?
1. ∆ has acts with intent or recklessly
2. ∆'s act is extreme or outrageous conduct
3. ∆'s act causes π severe emotional distress
44
What satisfies the **IIED** **intent** requirements?
1. ∆ Desires to: inflict severe emotional distress
2. ∆ knows that: severe emotional distress is substantially certain to result from his actions
Or
3. ∆ acted in a conscious disregard of high degree of likelihood that emotional distress will be inflicted.
45
How does **transferred intent** apply to **IIED**?
It does not apply to IIED.
46
When is the **IIED** element of **extreme** and **outrageous conduct** satisfied?
When ∆'s conduct exceeds all bounds tolerated by a civilized society (\> insulting language).
47
When does **insulting language** qualify for **IIED** extreme and outrageous conduct?
1. ∆ is an innkeeper or a common carrier
2. ∆ knows of π's particular susceptibility
Or
3. ∆ is in a position of authority and uses racial or ethnic insults against someone who is an underling.
48
When is **IIED** element of **severe emotional distress** satisfied?
The level of emotional distress is more severe than a reasonable person would be expected to endure.
1. Substantial
And
2. Lasting
49
What are the **intentional torts** against **real property**?
1. Trespass to land
And
2. Nuisance
50
When does a **trespass** to **land** occur?
∆ physically encroaches π's land, interfering with the π's possessory interest in the land.
51
What are the **elements** to **trespass** to **land**?
1. ∆ intends to
2. Enter
3. π's Land
52
How is the **intent** element for **trespass** to **land** claims established?
1. ∆ desired to enter the land or cause something to enter the land
Or
2. ∆ knew that land entry was substantially certain to result.
53
Is ∆'s **mistake** a **defense** to a **trespass to land**?
It is not a defense, it does not matter if ∆ knows or does not know ∆ is trespassing.
54
When a **∆** is **trespassing**, what is **∆ liable** for?
The full extent of their harm caused during their trespass (whether or not it is their fault).
55
How is the **entry** element for **trespass to land** claims established?
1. ∆ enters or causes a third person or object to enter π's land
2. ∆ enters the π's land lawfully but remains when there is a legal duty to leave
Or
3. ∆ fails to remove an object from π's land when the ∆ has a legal obligation to do so.
56
How is the **π's land** element for **trespass to land** claims established?
Trespass to land is a tort against one's possessory interest; anyone in possession of the land may bring a claim.
57
**Who** can bring a **claim** against a ∆ for **trespass to land**?
Anyone who has any possessory interest in the land.
58
What are the **remedies** for **trespasses to land**?
1. Nominal damages: small sum
2. All harm caused during trespass
3. Ejectment: sheriff removes someone off their land.
59
What are the three **remedies** available for **intentional torts**?
1. Legal Remedies: damages
2. Equitable Remedies: injunction
3. Restitution: prevent unjust enrichment.
60
What is a **chattel**?
A piece of personal property.
61
When does a **trespass** to **chattel** occur?
∆ intentionally intermeddles with the π's personal property causing it harm.
62
What are the **elements** to **trespass** to **chattels**?
1. ∆ intends to
2. Interfere or meddle with
3. π's chattel or personal property
And
4. ∆ causes harm to π's property
63
How is the **intent** element for **trespass** to **chattels** established?
Intent is satisfied when ∆ intentionally performs the physical act that interferes with π's chattel. ∆ is liable even if he did not intend to trespass and is acting in good faith.
64
How is the **interference** or **intermeddling** element for **trespass** to **chattels** established?
∆ uses or borrows π's property without authorization.
65
What are the **remedies** for **trespass** to **chattels**?
1. Damages: cost of repair or fair market rental value for time interfered with
Or
2. Restitutionary: replevin: law enforcement mandate to retrieve the property.
66
A **conversion** arises when a ∆?
Intentionally exercises dominion and control over π's personal property in a manner that constitutes a serious and substantial interference with π's possessory interest in the property.
67
What are the **elements** of **conversions**?
1. ∆ intends to
2. Exercises dominion and control over π's personal property
3. The control is a serious and substantial interference with π's interest in the property.
68
Can a **mistake** be a **defense** to **conversion**?
A mistake is not a defense to conversion. ∆ is liable even though he did not intend to convert or recognize the legal impact of his action.
69
How is a **bona fide purchaser** of a **converted** asset liable?
If the original converter sells to another person, the third-party has satisfied the exercise dominion and control over π's personal property.
70
What are the **remedies** for **conversions**?
1. Forced sale: the converter pays the fair market value of the personal property at the time it was converted
2. Replevin: Action brought by the π to get back personal property.
71
When does the **clock** for **false imprisonment** damages **start**?
When the π realizes that π is being imprisoned.
72
What are the **defenses** to **intentional torts**?
1. Privilege
2. Defense of Others
3. Defending Property
4. π's Consent
5. ∆'s Authority
6. ∆'s Necessity
7. ∆ acted in self-defense.
73
What is the impact of **consent** on intentional torts?
Is a defense to every intentional tort.
74
When does **express consent** exists? When is it lost?
The π affirmatively communicates by words permission for the ∆ to act. Lost when conduct reasonably exceeds the scope of consent.
75
When does **implied consent** exists and when is it lost?
Exists when a reasonable person would interpret the π's conduct as expressing consent. Lost when conduct reasonably exceeds the scope of consent.
76
What is the effect of the **consent defense** when consent is **given** by **mistake**?
If ∆ knows that π is mistaken:
1. If the mistake is to a primary matter of the transaction, then consent is withdrawn
2. If the mistake is to a collateral element, then there is consent.
77
What are **elements** to **self-defense** defense for intentional retorts?
1. ∆ subjectively believes that she used reasonable force to prevent plaintiff from engaging in an imminent and unprivileged attack
2. ∆ Responds with proportional force during the threat (≠ be after threat is over)
78
When can **deadly force** **not** be used for **self-defense**?
When the force being threatened is a non-deadly force.
79
In a **retreat** jurisdiction, a ∆ must do what **before** using **deadly force**?
Retreat if it is safe to do so; however, ∆ never has to retreat from one's own home.
80
What is the defense of **other/3rd person defense** for intentional torts?
∆ is entitled to defend another person from an attack by the π to the same extent that the victim would be entitled to raise self-defense.
81
What is the **defense of property** defense for intentional torts?
∆ is permitted to use:
1. Reasonable
2. Non-deadly force to
3. Prevent π from causing harm to ∆'s personal or real property
82
When can **deadly force** be used to **defend property**?
Deadly force cannot be used to solely to defend property.
83
What are the **elements** for the **recapture** of **chattels** defense?
One may use reasonable non-deadly force to get back one's personal property provided that:
1. ∆ is in hot pursuit
or
2. ∆ asks to get the property back
84
When does the **defense** of **necessity** arise?
∆ is permitted to injure π's property if it is reasonably necessary to avoid the harm because the harm caused is substantially greater than the harm avoided.
85
When does a **public** **necessity** arise?
The ∆ is acting to protect the public from imminent server harm. There is no liability to ∆ for any harm.
86
When does **private** **necessity** arise?
Arises when ∆ commits an intentional tort and claims it is better to commit the intentional act than suffer the harm they would have suffered. If there is harm caused, then the ∆ has to pay for the harm that is caused
87
What are the **elements** of the **shopkeeper's privilege**?
A ∆ shopkeeper is not liable for false imprisonment or a related tort if he has:
1. A reasonable suspicion that π has stolen goods
2. ∆ uses reasonable force to detain the π
3. ∆ detains π for a reasonable period to confirm the suspicion.
88
What is the **authority to discipline** defense to intentional torts?
If ∆ is charged with maintaining discipline (parent or teacher), ∆ may use reasonable force to discipline a child.
89
When does the defense of **public necessity apply**?
When there is an imminent public disaster.
90
When is there defense of **private necessity** **available**?
When there is not an imminent public disaster, but there is a pressing personal need in the ∆.
91
If a ∆ is **privileged** to be on land by way of **necessity**, what is their **liability**?
There is no trespass liability. The privilege is more than a defense, it removes liability all together.
92
From what **standpoint** is the reasonableness of s**elf-defense evaluated**?
If a reasonable person in the ∆'s circumstances would have believed that he was under attack.
93
What intentional torts does the doctrine of **transferred intent apply** to?
1. Assault
2. Battery
3. False imprisonment
And
4. Trespass to land or chattels.
94
Which intentional torts require **actual damage**?
1. Trespass to chattels
2. Conversions
