Intentional Torts Flashcards
What are the 4 elements of assault?
1) Affirmative Act: words alone are insufficient, but can suffice if coupled with actions
2) Intent
3) Imminence: no significant delay
4) Apprehension of harmful contact
What are the 3 ways to meet the “intent” element of assault?
1) D desires to cause apprehension of harmful/offensive contact
2) D knows with substantial certainty that his action will cause apprehension
3) D attempts battery but fails/stops (i.e. punching but stopping just before hitting P’s face)
How does one establish P’s apprehension of harmful contact?
1) D must have apparent ability to carry out the threat
2) P only needs apprehension, not fear (i.e. expectation)
3) reasonableness not necessary when D has actual knowledge of special conditions that would increase P’s apprehension (i.e. phobia or injury)
What are the 4 elements of Battery?
1) Intentional act
2) Causation: but for D’s affirmative act, P wouldn’t have been harmed
3) Contact is harmful or offensive to a reasonable person (unless D has actual knowledge of P’s special conditions)
4) To a person: contact must be made to person’s body or something connected to it (i.e. a cane)
How does one establish the “intent” element of battery?
1) D desires to make the harmful or offensive contact
2) D is substantially certain that their behavior will cause the harmful or offensive contact
evaluate the element of intent in Villa v. Derouen (blowtorch to P’s crotch)
- D intended for the torch’s oxygen to come into contact with P = offensive touching
- irrelevant that D didn’t intend to burn P; he intended the contact
What is transferred intent?
if D intends harmful contact toward X but accidentally contacts Y instead, intent toward X is transferred to Y; act is still intentional
What are the 3 elements for Intentional Infliction of Emotional Distress (IIED)?
1) Intentional
2) conduct is extreme in degree and outrageous in character
3) causes P to suffer severe emotional harm
How does one establish the intent element of IIED?
1) D’s purpose or desire to cause emotional distress (ED)
2) substantial certainty D’s actions will cause ED
3) D consciously disregards high degree of risk of ED (recklessness)
How does one decide if D’s actions are “extreme and outrageous” to determine IIED?
1) exceed the bounds of decency
2) conduct must be directed at P (2 exceptions: P’s family members are present=bystanders, infliction of extreme violence with likelihood of shock)
3) higher standard for special relationships (i.e. cops, employers)
How does one establish that P suffered severe emotional harm to determine IIED?
- proof of physical harm not required
- must be emotional harm experienced by ordinary person with ordinary sensibilities (unless D had specific knowledge that P was especially susceptible, i.e. black person who had been racially harassed before)
What does the case of Brandon (Boys Don’t Cry) demonstrate about IIED?
- evidence of particular emotional state at time of IIED can also matter
- abuse of power (i.e. sheriff) can make conduct extreme and outrageous
What are the 3 elements of false imprisonment?
1) willful confinement
2) without authority of the law
3) intent
How is “willful confinement” established for false imprisonment?
- must occur through D’s voluntary conduct
- must have actual or apparent barrier (i.e. words)
- P has no reasonable means of escape
- P must be aware of confinement
- only brief time of confinement required
What is the shopkeeper’s privilege?
Shopkeepers can detain suspected shoplifters if:
1) the purpose of detention is investigating theft
2) they have probable cause
3) detention is in a limited and reasonable manner
4) detention is for a reasonable amount of time
How does one establish intent for false imprisonment?
1) D’s purpose or desire is to confine P
2) D is substantially certain that conduct will confine P
What is Trespass of chattels?
dispossessing one of his property; impaired as to condition or value (damages: loss of use)
What is conversion?
intentional use of property that substantially interferes with one’s right for a lengthy time or property is destroyed (damages: full value of the property)
What are the factors of conversion?
1) extent of control
2) intent to interfere
3) D’s good faith
4) extent of resulting interference
5) harm done
6) expense caused
How does one determine whether P consented to an intentional tort?
1) Did he consent?
2) Did he have capacity to consent?
3) Did the action exceed the consent given?
4) Was fraud or duress involved to receive consent?
5) Are there special protection laws (i.e. age of consent)?
What does Hogan v. Tavzel illustrate about consent? (husband knew he had STD but didn’t tell wife; transmitted STD to her during consensual sex)
- wife consented to sex, but not to getting STD (action exceeded consent)
- husband hid STD from wife to receive consent (fraud)
What does Hellriegel v. Tholl illustrate about consent? (kids roughhousing near lake; P’s neck broken)
- P consented to horseplay with D
- P didn’t consent to broken neck, but it was a foreseeable risk
What does the case of Reavis illustrate about consent? (woman sexually harassed/assaulted by boss)
- substantial power differential means P may not have had capacity to consent
- P felt she had to consent or be fired
What are the 3 elements of self-defense?
1) D used reasonable force and reasonably believed it was necessary to prevent immediate harm
2) D believed force was necessary from reasonable person standard
3) force was actually necessary
