Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

What are the seven kinds of intentional torts?

(BAFITTC)

A
  1. Battery
  2. Assault
  3. False imprisonment
  4. IIED
  5. Trespass to land
  6. Trespass to chattels
  7. Conversion
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the two categories of intentional torts?

A

Intentional torts to the person (BAFI)

Intentional torts to property (TTC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the four kinds of intentional torts to the person?

A
  1. Battery
  2. Assault
  3. False imprisonment
  4. Intentional infliction of emotional distress
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the three kinds of intentional torts to property?

A
  1. Trespass to land
  2. Trespass to chattels
  3. Conversion
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What constitutes intent? (2 kinds)

A
  1. Specific intent (as to consequence) OR
  2. General intent (substantial certainty that consequence(s) will result)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Who is capable of intent?

A

All persons (including children of all ages)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

To which torts does transferred intent apply?

(5 - ABFTT)

A
  1. Assault
  2. Battery
  3. False imprisonment
  4. Trespass to land
  5. Trespass to chattels
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

To which two torts does transferred intent NOT apply?

A
  1. IIED
  2. Conversion
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What intentional torts require damages? (3)

A
  1. IIED
  2. Trespass to Chattels
  3. Conversion
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What intentional torts do not require damages? (4)

A
  1. Assault
  2. Battery
  3. False Imprisonment
  4. Trespass to Land
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the elements of BATTERY?

(Act)

(to whom?)

(Intent)

(Cause)

A

Battery is: Defendant’s

  1. Harmful or offensive contact
  2. To P’s person; with
  3. Intent and
  4. Causation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

When is contact offensive?

A

When it would be considered offensive to a reasonable person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is included in the plaintiff’s person?

A

Anything connected to the plaintiff

(N.B. Contact does not have to be immediate (e.g., poisoned lunch hypo! [but causation problems])

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are the elements of ASSAULT?

A

Assault is Defendant’s

  1. Act which creates reasonable apprehension (awareness) in plaintiff
  2. Of immediate harmful or offensive contact to P’s person; with
  3. Intent and
  4. Causation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What constitutes apprehension for assault?

A
  1. P must know of the act (Awareness), AND
  2. D must have the apparent ability to commit battery (see “loaded gun problem”– If you know the gun is not loaded, D has no apparent ability, so no apprehension. If you know it is loaded or you’re unsure, then apparent ability and so apprehension)

[N.B. Fear not required; Apprehension in the situation is determined by a reasonable person standard]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Can words alone place someone in apprehension?

A

No. Words alone are not sufficient to constitute apprehension. Must be coupled with conduct.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Can words negate reasonable apprehension?

A

Yes. When they are conditional or future future (e.g., “I might hit you!”)

18
Q

What are the elements of FALSE IMPRISONMENT?

A
  1. Act or omission by D
  2. That confines or restrains P
  3. In a bounded area; with
  4. Intent and
  5. Causation
19
Q

What are five things that are sufficient to constitute confinement?

A
  1. Physical barriers;
  2. Physical force;
  3. Threats of force, if would operate to restrain a reasonable person;
  4. Failure to release; AND
  5. Invalid use of legal authority
20
Q

What acts of confinement are insufficient? (2)

A
  1. Moral pressure
  2. Future Threats
21
Q

What is the necessary scope of confinement?

A

Defendant must know of confinement OR be harmed by it

22
Q

What makes an area bounded?

A

No reasonable means of escape known to P

[N.B. “Stay here!” is sufficiently bounded]

23
Q

What are the elements of IIED?

A
  1. Outrageous conduct on the part of the D, with
  2. Intent or recklessness;
  3. Causation AND
  4. DAMAGES! (Damages can be severe emotional distress; no need for physical damages!) (But pick other torts in answers first)
24
Q

In general, what constitutes outrageous conduct?

A

Exceeds all bounds of decency in civilized society

(Mere insults are not outrageous)

25
Q

What are four common hallmarks of outrageous conduct for IIED?

(Frequently tested, but not complete list)

A
  1. Continuous or repetitive actions
  2. Acts by common carriers or innkeepers (very low bar! e.g., Stewardess is particularly rude to you on your plane)
  3. If P is a member of a fragile class
  4. If acts are directed at the known sensitivity of an adult (no matter how innocuous)
26
Q

What are the three fragile classes for IIED?

A
  1. Young children
  2. Very elderly persons
  3. Pregnant women
27
Q

What is needed to show severe emotional distress?

A

No specific evidence required; P can prove severe emotional distress however he cares to

28
Q

What are the elements of TRESPASS TO LAND?

A
  1. Physical invasion of real property with
  2. Intent and
  3. Causation
29
Q

What constitutes real property for trespass to land? (4)

A
  1. Land
  2. Houses/buildings (improvements)
  3. Air above to reasonable distance
  4. Ground below to reasonable distance
30
Q

What constitutes physical invasion for trespass to land?

A

Tangible objects, even if thrown

(If invasion by intangible things (e.g., smoke), see nuisance)

31
Q

To whom does the trespass to land cause of action belong?

A

Actual or constructive possessors, not necessarily the owner

32
Q

What constitutes intent in trespass to land?

A

“Intent” is the intent to put your foot down, not necessarily your intent to put your foot down on someone else’s land (i.e., You do not need to intend to cross the line to have intent to trespass)

[N.B. Entering must be voluntary (dragged by horse doesn’t count)]

33
Q

What are the elements of TRESPASS TO CHATTELS?

A
  1. Act by D that interferes with P’s right of possession, with
  2. Intent,
  3. Causation, and
  4. Damages
34
Q

What constitutes chattels?

A

Everything except real property (i.e., everything but land and buildings)

35
Q

What does it mean to “interfere” for purposes of trespass to chattels? (2)

A
  1. Intermeddling (damaging/vandalism)
  2. Dispossession (taking it away)
36
Q

What are the elements of CONVERSION?

A
  1. Act by D that interferes with P’s right of possession, and
  2. The act is so severe that it warrants requiring D to pay full value of the chattel, with
  3. Intent and
  4. Causation
37
Q

What is the difference between trespass to chattels and conversion? (2)

A

The severity of the interference AND

The remedy (repair for trespass; fair market value for conversion)

[if it’s on the line, it’ll be conversion]

38
Q

How does mistake of fact affect trespass to chattels and conversion?

A

Mistake about ownership is no defense

39
Q

What constitutes an act of conversion? (6 acts)

A

Any of:

  1. Wrongful acquisition,
  2. Wrongful transfer,
  3. Wrongful detention,
  4. Substantially changing,
  5. Severely damaging, OR
  6. Misusing a chattel
40
Q

In intentional torts, what should you assume about plaintiffs?

A

Assume plaintiff is a person of ordinary/normal sensitivities

41
Q

What kinds of defenses do not exist in intentional torts?

A

Incapacity defenses

(i.e., in intentional tort questions, never choose an answer that says the person is not liable because he lacked capacity)

42
Q

What must a plaintiff show to make a prima facie case for intentional tort?

A
  1. ACT by Defendant;
  2. INTENT of Defendant (specific or general); AND
  3. D’s act was CAUSE of the harm (satisfied if merely a substantial factor in bringing about the injury)

Torts (16 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions