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 defendant’s act must be the cause of the plaintiff’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 defendant 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 defendant does what?
A
Intentionally causes a harmful or offensive contact with the plaintiff or something closely connected to the plaintiff
More Info: Battery
10
Q
What are the elements of battery?
A
- Defendant has the intent to cause a
- Harmful or offensive contact
- With the plaintiff or something physically connected to the plaintiff
11
Q
What satisfies the intent element of battery?
A
- Defendant desired/goal to bring about the contact
Or
- Defendant knows such contact was substantially certain to result from his actions.
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
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 plaintiff
or
- Contact is offensive to a reasonable person; unless defendant know’s of plaintiff’s particular susceptibility
16
Q
What can a battery’s harmful or offensive contact be made to?
A
- Plaintiff’s body
- Something that has a close physical connection to plaintiff’s body (something they eat or are holding)
* More Info:* Battery - Contact
17
Q
In a battery, does the π need to be aware of the contact?
A
No
18
Q
In an assault, does the plaintiff need to be aware of the contact?
A
Yes
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.
20
Q
What is a the most common defense to a battery?
A
Consent
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
22
Q
What are the elements of an assault?
A
- Intent
- Reasonable apprehension
And
- Imminent battery
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.
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.
25
What must be shown to prove the **reasonable apprehension** element of **assault**?
A reasonable person in the plaintiff's position would have suffered apprehension; unless the defendant knows of the plaintiff's particular susceptibility.
26
What happens to an **assault** action if the defendant **lacked** the **ability** to cause a **battery**?
If plaintiff's apprehension is reasonable, the fact that the defendant 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 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](http://nationalparalegal.edu/public_documents/courseware_asp_files/torts/againstPersons/falseImprisonment.asp)
29
What are the **elements** of **false imprisonment**?
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
30
When does a defendant have the requisite **intent** for **false imprisonment**?
1. Defendant desires to confine the plaintiff
Or
2. Defendant knows that confinement is substantially certain to occur
31
How can a defendant **confine** a plaintiff?
1. Use of physical barriers
2. Failing to release the plaintiff when the defendant is legally obligated to do so
Or
3. By the invalid assertion of legal authority to contain
* More Info:* [Confinement](http://legal-dictionary.thefreedictionary.com/False+Imprisonment)
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 a plaintiff knowing of a reasonable **means** **of escape** on a **false imprisonment** claim?
There is no false imprisonment if the plaintiff 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 plaintiff, including the risk of embarrassment.
36
What is the validity of a **false imprisonment** claim if the plaintiff **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 **plaintiff** was **not aware** that the plaintiff was being **confined**?
If the plaintiff is unaware, the plaintiff can only get damages if they are harmed by the confinement.
38
What is the validity of a **false imprisonment** claim if the **plaintiff** is **aware** that the plaintiff is being **confined**?
Plaintiff can get damages regardless of if a harm is suffered.
39
What is the key to obtaining **damages** for **false imprisonment**?
Plaintiff 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 the defendant that constitutes extreme and outrageous conduct and causes plaintiff severe emotional distress.
*More Info:* [IIED](https://www.law.cornell.edu/wex/intentional_infliction_of_emotional_distress)
42
What are the **IIED** **elements**?
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
What satisfies the **IIED** **intent** requirements?
1. Defendant desires to inflict severe emotional distress
2. Defendant knows that severe emotional distress is substantially certain to result from his actions
Or
3. Defendant acted in a conscious disregard of high degree of likelihood that emotional distress will be inflicted
44
What is **IIED** is an abbreviation for?
Intentional infliction of emotional distress
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 defendant's conduct exceeds all bounds tolerated by a civilized society (\> insulting language)
*More Info:* [Extreme and Outrageous](http://nationalparalegal.edu/public_documents/courseware_asp_files/torts/againstPersons/intentionalInfliction.asp)
47
When does **insulting language** qualify for **IIED** extreme and outrageous conduct?
1. Defendant is an innkeeper or a common carrier
2. Defendant knows of plaintiff's particular susceptibility
Or
3. Defendant is in a position of authority and uses racial or ethnic insults against someone who is an underling
48
When is the **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?
Defendant physically encroaches plaintiff's land, interfering with the plaintiff's possessory interest in the land.
51
What are the **elements** to **trespass** to **land**?
1. Defendant intends to
2. Enter
3. Plaintiff's land
52
How is the **intent** element for a **trespass** to **land** claim established?
1. Defendant desired to enter the land or cause something to enter the land
Or
2. Defendant knew that land entry was substantially certain to result
53
Is defendat's **mistake** a **defense** to a **trespass to land**?
It is not a defense, it does not matter if the defendant knows or does not know that the defendant is trespassing.
54
When a **defendant** is **trespassing**, what is the defendant **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 of a **trespass to land** claim established?
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
3. Defendant fails to remove an object from the plaintiff's land when the defendant has a legal obligation to do so
56
How is the **plaintiff****'s land**element for a**trespass to land** claim 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 defendant 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, where the 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?
Defendant intentionally intermeddles with the plaintiff's personal property causing it harm.
*More Info:* [Trespass to Chattel](http://nationalparalegal.edu/public_documents/courseware_asp_files/torts/againstProperty/tresspassChattels.asp)
62
What are the **elements** of **trespass** to **chattels**?
1. Defendant intends to
2. Interfere or meddle with
3. Plaintiff's chattel or personal property
And
4. Defendant causes harm to plaintiff's property
63
How is the **intent** element for **trespass** to **chattels** established?
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
How is the **interference** or **intermeddling** element for **trespass** to **chattels** established?
Defendant uses or borrows plaintiff'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, where law enforcement mandate is used to retrieve the property
66
A **conversion** arises when a defendant does what?
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](http://conversion.uslegal.com/)
67
What are the **elements** of **conversions**?
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
Can a **mistake** be a **defense** to **conversion**?
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
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 plaintiff'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 plaintiff to get back personal property
71
When does the **clock** for **false imprisonment** damages **start**?
When the plaintiff realizes that the plaintiff is being imprisoned.
72
What are the **defenses** to **intentional torts**?
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
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 plaintiff affirmatively communicates by words permission for the defendant 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 plaintiff'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 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
What are **elements** to the **self-defense** defense for intentional retorts?
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
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 defendant must do what **before** using **deadly force**?
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](http://nationalparalegal.edu/public_documents/courseware_asp_files/criminalLaw/defenses/SelfDefense.asp)
80
What is the defense of **other/3rd person defense** for intentional torts?
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
What is the **defense of property** defense for intentional torts?
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
When can **deadly force** be used to **defend property**?
Deadly force cannot be used 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. Defendant is in hot pursuit
or
2. Defendant asks to get the property back
84
When does the **defense** of **necessity** arise?
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
When does a **public** **necessity** arise?
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](https://www.law.cornell.edu/wex/private_necessity)
86
When does **private** **necessity** arise?
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
What are the **elements** of the **shopkeeper's privilege**?
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
What is the **authority to discipline** defense to intentional torts?
If defendant is charged with maintaining discipline (parent or teacher), defendant 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 the defense of **private necessity** **available**?
When there is not an imminent public disaster, but there is a pressing personal need in the defendant.
91
If a defendant 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 defendant'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
