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J.Edits.Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

What is a voluntary act?

A

An action that is conscious or willed (≠ purely reflexive)

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2
Q

What elements of an intentional tort?

A
  1. Voluntary Act
  2. Intentional Act
  3. Causation
  4. Harm
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3
Q

What establishes intent for intentional torts?

A
  1. ∆ desires that his act will cause a harmful result

Or

  1. ∆ knows that it is substantially certain that such a result/harm will occur.
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4
Q

What satisfies the causation element in intentional torts?

A

The ∆’s act must be the cause of π’s injury.

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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.

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6
Q

What is the extended consequences rule?

A

A ∆ is responsible for all consequences flowing from an intentional tort: whether foreseeable or not.

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7
Q

Are children liable for their intentional torts?

A

Yes, when they have the intent (knowledge) required for the tort

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8
Q

Are parents liable for their children’s intentional tort?

A

No, parents are not directly liable unless directed by statute.

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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.

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10
Q

What are the elements of battery?

A
  1. ∆ has the intent to cause a
  2. Harmful or offensive contact
  3. With π or something physically connected to π.
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11
Q

What satisfies the intent element of battery?

A
  1. ∆ desired/goal to bring about the contact

Or

  1. ∆ knows such contact was substantially certain to result from his actions.
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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.

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13
Q

Transferred intent applies to which torts?

A
  1. Assault
  2. Battery
  3. False Imprisonment
  4. Trespass to Land
  5. Trespass to Chattels
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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.

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15
Q

When is the harmful or offensive contact element of battery satisfied?

A
  1. The contact inflicts any physical discomfort to π

or

  1. Contact is offensive to a reasonable person; unless ∆ know’s of π’s particular susceptibility.
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16
Q

What can a battery’s harmful or offensive contact can be made to?

A
  1. π’s body
  2. Something that has a close physical connection to π’s body (something they eat or are holding)
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17
Q

In a battery, does the π need to be aware of the contact?

A

No

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18
Q

In an assault, does the π need to be aware of the contact?

A

Yes

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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.

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20
Q

What is a the most common defense to a battery?

A

Consent

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21
Q

An assault arises when a ∆?

A

Intentionally causes the π to experience reasonable apprehension of an imminent battery.

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22
Q

What are the elements of an assault?

A
  1. Intent
  2. Reasonable Apprehension

And

  1. Imminent battery
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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.

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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.

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25
Q

What must be shown to prove the reasonable apprehension element of assault?

A

A reasonable person in π’s position would have suffered apprehension; unless ∆ knows of π’s particular susceptibility.

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26
Q

What happens to an assault action if the ∆ lacked the ability to cause a battery?

A

If π’s apprehension is reasonable the fact that the ∆ lacked the actual ability to cause the battery does not defeat liability.

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27
Q

What must be shown in an assault action to prove imminent battery?

A

The battery has to be able to be carried out instantaneously.

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28
Q

When does false imprisonment occur?

A

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.

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29
Q

What are the elements of false imprisonment?

A
  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
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30
Q

When does a ∆ has the requisite intent for false imprisonment?

A
  1. ∆ desires to confine the π

Or

  1. ∆ knows that confinement is substantially certain to occur
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31
Q

How can a ∆ confine a π?

A
  1. Use of physical barriers
  2. Failing to release the π when ∆ is legally obligated to do so

Or

  1. By the invalid assertion of legal authority to contain
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32
Q

What is the duration requirement for false imprisonment?

A

There is no duration required, the duration only goes to damages.

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33
Q

When can threats result in a confinement?

A

Force or threats of force against the:

  1. π
  2. π’s close relatives

Or

  1. valuable personal property( ≠ threats of reputational harm)
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34
Q

What is the impact of π knowing of a reasonable means of escape on a false imprisonment claim?

A

There is no false imprisonment if the π knows how to escape.

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35
Q

When is there never a reasonable means of escape for false imprisonment claims?

A

If there is any risk of harm to the π, including the risk of embarrassment.

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36
Q

What is the validity of a false imprisonment claim if π agrees to be confined?

A

There is no false imprisonment if there is consent.

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37
Q

What is the validity of a false imprisonment claim if the π was not aware that π was being confined?

A

If π is unaware, π can only get damages if they are harmed by the confinement.

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38
Q

What is the validity of a false imprisonment claim if the π is aware that π is being confined?

A

π can get damages regardless of if a harm is suffered.

39
Q

What is the key to obtaining damages for false imprisonment?

A

π must have:

  1. Awareness of the confinement

Or

  1. Be harmed as a result of the confinement.
40
Q

What is a false arrest?

A

It is a false assertion of legal authority. A form of false imprisonment.

41
Q

When does intentional infliction of emotional distress (IIED) occur?

A

An intentional or reckless act of ∆ that constitutes extreme and outrageous conduct causes π severe emotional distress.

42
Q

What is IIED is an abbreviation for?

A

Intentional infliction of emotional distress

43
Q

What are the IIED elements?

A
  1. ∆ has acts with intent or recklessly
  2. ∆’s act is extreme or outrageous conduct
  3. ∆’s act causes π severe emotional distress
44
Q

What satisfies the IIED intent requirements?

A
  1. ∆ Desires to: inflict severe emotional distress
  2. ∆ knows that: severe emotional distress is substantially certain to result from his actions

Or

  1. ∆ acted in a conscious disregard of high degree of likelihood that emotional distress will be inflicted.
45
Q

How does transferred intent apply to IIED?

A

It does not apply to IIED.

46
Q

When is the IIED element of extreme and outrageous conduct satisfied?

A

When ∆’s conduct exceeds all bounds tolerated by a civilized society (> insulting language).

47
Q

When does insulting language qualify for IIED extreme and outrageous conduct?

A
  1. ∆ is an innkeeper or a common carrier
  2. ∆ knows of π’s particular susceptibility

Or

  1. ∆ is in a position of authority and uses racial or ethnic insults against someone who is an underling.
48
Q

When is IIED element of severe emotional distress satisfied?

A

The level of emotional distress is more severe than a reasonable person would be expected to endure.

  1. Substantial

And

  1. Lasting
49
Q

What are the intentional torts against real property?

A
  1. Trespass to land

And

  1. Nuisance
50
Q

When does a trespass to land occur?

A

∆ physically encroaches π’s land, interfering with the π’s possessory interest in the land.

51
Q

What are the elements to trespass to land?

A
  1. ∆ intends to
  2. Enter
  3. π’s Land
52
Q

How is the intent element for trespass to land claims established?

A
  1. ∆ desired to enter the land or cause something to enter the land

Or

  1. ∆ knew that land entry was substantially certain to result.
53
Q

Is ∆’s mistake a defense to a trespass to land?

A

It is not a defense, it does not matter if ∆ knows or does not know ∆ is trespassing.

54
Q

When a ∆ is trespassing, what is ∆ liable for?

A

The full extent of their harm caused during their trespass (whether or not it is their fault).

55
Q

How is the entry element for trespass to land claims established?

A
  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

  1. ∆ fails to remove an object from π’s land when the ∆ has a legal obligation to do so.
56
Q

How is the π’s land element for trespass to land claims established?

A

Trespass to land is a tort against one’s possessory interest; anyone in possession of the land may bring a claim.

57
Q

Who can bring a claim against a ∆ for trespass to land?

A

Anyone who has any possessory interest in the land.

58
Q

What are the remedies for trespasses to land?

A
  1. Nominal damages: small sum
  2. All harm caused during trespass
  3. Ejectment: sheriff removes someone off their land.
59
Q

What are the three remedies available for intentional torts?

A
  1. Legal Remedies: damages
  2. Equitable Remedies: injunction
  3. Restitution: prevent unjust enrichment.
60
Q

What is a chattel?

A

A piece of personal property.

61
Q

When does a trespass to chattel occur?

A

∆ intentionally intermeddles with the π’s personal property causing it harm.

62
Q

What are the elements to trespass to chattels?

A
  1. ∆ intends to
  2. Interfere or meddle with
  3. π’s chattel or personal property

And

  1. ∆ causes harm to π’s property
63
Q

How is the intent element for trespass to chattels established?

A

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
Q

How is the interference or intermeddling element for trespass to chattels established?

A

∆ uses or borrows π’s property without authorization.

65
Q

What are the remedies for trespass to chattels?

A
  1. Damages: cost of repair or fair market rental value for time interfered with

Or

  1. Restitutionary: replevin: law enforcement mandate to retrieve the property.
66
Q

A conversion arises when a ∆?

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
Q

What are the elements of conversions?

A
  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
Q

Can a mistake be a defense to conversion?

A

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
Q

How is a bona fide purchaser of a converted asset liable?

A

If the original converter sells to another person, the third-party has satisfied the exercise dominion and control over π’s personal property.

70
Q

What are the remedies for conversions?

A
  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
Q

When does the clock for false imprisonment damages start?

A

When the π realizes that π is being imprisoned.

72
Q

What are the defenses to intentional torts?

A
  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
Q

What is the impact of consent on intentional torts?

A

Is a defense to every intentional tort.

74
Q

When does express consent exists? When is it lost?

A

The π affirmatively communicates by words permission for the ∆ to act. Lost when conduct reasonably exceeds the scope of consent.

75
Q

When does implied consent exists and when is it lost?

A

Exists when a reasonable person would interpret the π’s conduct as expressing consent. Lost when conduct reasonably exceeds the scope of consent.

76
Q

What is the effect of the consent defense when consent is given by mistake?

A

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
Q

What are elements to self-defense defense for intentional retorts?

A
  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
Q

When can deadly force not be used for self-defense?

A

When the force being threatened is a non-deadly force.

79
Q

In a retreat jurisdiction, a ∆ must do what before using deadly force?

A

Retreat if it is safe to do so; however, ∆ never has to retreat from one’s own home.

80
Q

What is the defense of other/3rd person defense for intentional torts?

A

∆ 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
Q

What is the defense of property defense for intentional torts?

A

∆ is permitted to use:

  1. Reasonable
  2. Non-deadly force to
  3. Prevent π from causing harm to ∆’s personal or real property
82
Q

When can deadly force be used to defend property?

A

Deadly force cannot be used to solely to defend property.

83
Q

What are the elements for the recapture of chattels defense?

A

One may use reasonable non-deadly force to get back one’s personal property provided that:

  1. ∆ is in hot pursuit

or

  1. ∆ asks to get the property back
84
Q

When does the defense of necessity arise?

A

∆ 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
Q

When does a public necessity arise?

A

The ∆ is acting to protect the public from imminent server harm. There is no liability to ∆ for any harm.

86
Q

When does private necessity arise?

A

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
Q

What are the elements of the shopkeeper’s privilege?

A

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
Q

What is the authority to discipline defense to intentional torts?

A

If ∆ is charged with maintaining discipline (parent or teacher), ∆ may use reasonable force to discipline a child.

89
Q

When does the defense of public necessity apply?

A

When there is an imminent public disaster.

90
Q

When is there defense of private necessity available?

A

When there is not an imminent public disaster, but there is a pressing personal need in the ∆.

91
Q

If a ∆ is privileged to be on land by way of necessity, what is their liability?

A

There is no trespass liability. The privilege is more than a defense, it removes liability all together.

92
Q

From what standpoint is the reasonableness of self-defense evaluated?

A

If a reasonable person in the ∆’s circumstances would have believed that he was under attack.

93
Q

What intentional torts does the doctrine of transferred intent apply to?

A
  1. Assault
  2. Battery
  3. False imprisonment

And

  1. Trespass to land or chattels.
94
Q

Which intentional torts require actual damage?

A
  1. Trespass to chattels
  2. Conversions

J.Edits.Torts (4 decks)

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