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T&D.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 defendant’s act must be the cause of the plaintiff’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 defendant 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 defendant does what?

A

Intentionally causes a harmful or offensive contact with the plaintiff or something closely connected to the plaintiff

More Info: Battery

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10
Q

What are the elements of battery?

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

What satisfies the intent element of battery?

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

Or

  1. Defendant knows such contact was substantially certain to result from his actions.
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12
Q

What is transferred Intent?

A

If a defendant acts with the necessary intent to inflict an intentional tort but defendant causes injury to a different victim than intended, then defendant’s intent is transferred to the actual victim.

More Info: Transferred Intent

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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 plaintiff

or

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

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

A
  1. Plaintiff’s body
  2. Something that has a close physical connection to plaintiff’s body (something they eat or are holding)
    * More Info:* Battery - Contact
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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 plaintiff need to be aware of the contact?

A

Yes

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19
Q

Does a plaintiff have to prove harm in a battery?

A

No, plaintiff must only prove that it would be offensive to a reasonable person & defendant 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 defendant does what?

A

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

More Info: Assault

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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 a defendant 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, the defendant 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 the plaintiff’s position would have suffered apprehension; unless the defendant knows of the plaintiff’s particular susceptibility.

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26
Q

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

A

If plaintiff’s apprehension is reasonable, the fact that the defendant 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 defendant confines a plaintiff in a bounded area against the plaintiff’s will and the plaintiff knows of the confinement or is injured by the confinement.

More Info: False Imprisonment

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29
Q

What are the elements of false imprisonment?

A
  1. Defendant intends to
  2. Confine plaintiff in a bounded area
  3. Against the plaintiff’s will
  4. Plaintiff knows of the confinement or is injured by the confinement
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30
Q

When does a defendant have the requisite intent for false imprisonment?

A
  1. Defendant desires to confine the plaintiff

Or

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

How can a defendant confine a plaintiff?

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

Or

  1. By the invalid assertion of legal authority to contain
    * More Info:* Confinement
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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 a plaintiff knowing of a reasonable means of escape on a false imprisonment claim?

A

There is no false imprisonment if the plaintiff 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 plaintiff, including the risk of embarrassment.

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36
Q

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

A

If the plaintiff is unaware, the plaintiff 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 plaintiff is aware that the plaintiff is being confined?

A

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

39
Q

What is the key to obtaining damages for false imprisonment?

A

Plaintiff 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 the defendant that constitutes extreme and outrageous conduct and causes plaintiff severe emotional distress.

More Info: IIED

42
Q

What are the IIED elements?

A
  1. Defendant acts with intent or recklessly
  2. Defendant’s act is extreme or outrageous conduct
  3. Defendant’s act causes the plaintiff severe emotional distress
43
Q

What satisfies the IIED intent requirements?

A
  1. Defendant desires to inflict severe emotional distress
  2. Defendant knows that severe emotional distress is substantially certain to result from his actions

Or

  1. Defendant acted in a conscious disregard of high degree of likelihood that emotional distress will be inflicted
44
Q

What is IIED is an abbreviation for?

A

Intentional infliction of emotional distress

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

More Info: Extreme and Outrageous

47
Q

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

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

Or

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

When is the 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

Defendant physically encroaches plaintiff’s land, interfering with the plaintiff’s possessory interest in the land.

51
Q

What are the elements to trespass to land?

A
  1. Defendant intends to
  2. Enter
  3. Plaintiff’s land
52
Q

How is the intent element for a trespass to land claim established?

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

Or

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

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

A

It is not a defense, it does not matter if the defendant knows or does not know that the defendant is trespassing.

54
Q

When a defendant is trespassing, what is the defendant 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 of a trespass to land claim established?

A
  1. Defendant enters or causes a third person or object to enter the plaintiff’s land
  2. Defendant enters the plaintiff’s land lawfully but remains when there is a legal duty to leave

Or

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

How is the plaintiff’s landelement for atrespass to land claim 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 defendant 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, where the 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

Defendant intentionally intermeddles with the plaintiff’s personal property causing it harm.

More Info: Trespass to Chattel

62
Q

What are the elements of trespass to chattels?

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

And

  1. Defendant causes harm to plaintiff’s property
63
Q

How is the intent element for trespass to chattels established?

A

Intent is satisfied when the defendant intentionally performs the physical act that interferes with plaintiff’s chattel. The defendant 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

Defendant uses or borrows plaintiff’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, where law enforcement mandate is used to retrieve the property
66
Q

A conversion arises when a defendant does what?

A

Intentionally exercises dominion and control over plaintiff’s personal property in a manner that constitutes a serious and substantial interference with the plaintiff’s possessory interest in the property.

More Info: Conversion

67
Q

What are the elements of conversions?

A
  1. Defendant intends to
  2. Exercises dominion and control over plaintiff’s personal property
  3. The control is a serious and substantial interference with plaintiff’s interest in the property
68
Q

Can a mistake be a defense to conversion?

A

A mistake is not a defense to conversion. The defendant 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 plaintiff’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 plaintiff to get back personal property
71
Q

When does the clock for false imprisonment damages start?

A

When the plaintiff realizes that the plaintiff is being imprisoned.

72
Q

What are the defenses to intentional torts?

A
  1. Privilege
  2. Defense of Others
  3. Defending Property
  4. Plaintiff’s Consent
  5. Defendant’s Authority
  6. Defendant’s Necessity
  7. Defendant 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 plaintiff affirmatively communicates by words permission for the defendant 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 plaintiff’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 defendant knows that the plaintiff 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 the self-defense defense for intentional retorts?

A
  1. Defendant subjectively believes that she used reasonable force to prevent plaintiff from engaging in an imminent and unprivileged attack
  2. Defendant 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 defendant must do what before using deadly force?

A

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

More Info: Use of Deadly Force

80
Q

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

A

Defendant is entitled to defend another person from an attack by the plaintiff 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

Defendant is permitted to use:

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

When can deadly force be used to defend property?

A

Deadly force cannot be used 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. Defendant is in hot pursuit

or

  1. Defendant asks to get the property back
84
Q

When does the defense of necessity arise?

A

Defendant is permitted to injure plaintiff’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 defendant is acting to protect the public from imminent severe harm. There is no liability of the defendant for any harm.

More Info: Public Necessity

86
Q

When does private necessity arise?

A

Arises when the defendant 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 defendant has to pay for the harm that is caused

87
Q

What are the elements of the shopkeeper’s privilege?

A

A defendant shopkeeper is not liable for false imprisonment or a related tort if he has:

  1. A reasonable suspicion that the plaintiff has stolen goods
  2. The defendant uses reasonable force to detain the plaintiff
  3. The defendant detains the plaintiff for a reasonable period to confirm the suspicion
88
Q

What is the authority to discipline defense to intentional torts?

A

If defendant is charged with maintaining discipline (parent or teacher), defendant 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 the defense of private necessity available?

A

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

91
Q

If a defendant 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 defendant’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

T&D.Edits.Torts (4 decks)

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