Intentional Torts Flashcards
Elements for assault
intentional act
causing reasonable apprehension
of an imminent harmful
or offensive contact
What to focus on for assault?
focus on reasonable and imminent will be on essays prolly; on the mbe, the facts will tell you;
if you see them in the gray, know they are testing you on this element, what do you do? pick
answer most closely/specifically related to the element
Elements for Battery
intent - intentionally causing the harmful OR offensive contact to another person or
anything connected to them (can’t be liable for battery by accident)
Elements to Trespass to Chattel
intentionally interfering
with the use of the P’s
chattel (stuff)
Damages to Trespass to Chattel?
ACTUAL HARM OR USE; eventually, youre going to get it back, so therefore I am only going to pay for the
actual damages/actual harm/actual use while in my possession (take your car for joyride, use up
gas; –what do I owe you? you owe me the oil and gas and whatever mileage)
CONVERSION
intentionally interfering
with the use of another’s prop
causing the chattel to be
destroyed, lost, or gone.***
Damages for Conversion
OWE: FULL value AT the time of the conversion.
Trespass to Land
intentionally entering the land of another
NO knowledge of who owns the land is required (don’t need to know whose land youre entering)
–don’t have to damage the land; literally just the conscious act, stepping on and walking; NO
damage to land is required
Intentional Infliction of Emotional Distress
intentional or reckless conduct (knew or should have known – look for malicious)
extreme and outrageous conduct
causing severe emotional distress
—-the only thing that needs to be inflicted is severe emotional distress; NO physical harm is
required; IIED car only has intent and reckless, extreme and outrageous conduct causing severe
emotional distress
2 bystander scenarios for IIED
Case 1 elements: a) bystander is a close family relative; b) Def knows bystander is present; c) Bystander suffers emotional distress --------- Case 2 elements: a) bystander NOT close fam relative b) bystander suffers emotional distress then MUST suffer Physical harm to get IIED
FALSE imprisonment:
intentional act
causing the P
to be placed in a bounded area (no means of escape)
and the P is AWARE that they are being confined
shopkeeper privilege
if a merchant has a REAS suspicion that someone is stealing from them, then
they may be detained for a reasonable period time
Negligent version of intentional torts:
Negligent trespass to land: if I enter another person’s land negligently, what must I do to be liable?
DAMAGE the prop.
(txting and drove into your grass and smash rose bushes, so now I’ll be liable for negl trespass;
what if you drive up and no damage, then not liab for negligent trespass)
NEG. infliction of emotional distress:
neg conduct
in the zone of danger
causing emotional distress
AND physical harm
txting and driving, lift my head up, oh bleep, I swerve, and your heart’s palpitating and you also
broke your leg or a stroke etc; some physical manifestation has to occur
Bystander theory for Neg infliction of emotional distress
If bystander:
(a) close fam relative, present at scene (DONT NEED TO KNOW they are there OR GET
PHYSICALLY HARMED)
(b) suffer emotional distress
Handling dead bodies:
If I act negligently in the care of managing corpses, then you can sue me for NEG I of Emotional
distress, then no physical harm required.
Defenses to Intentional Torts – list them and what’s the golden rule about them?
Consent Self-defense Defense of others Defense of prop Necessity (private and public) --never apply a defense unless they ask you
Consent
if the P gives consent, that can be expressed or implied. only thing you cant do is
exceed the scope of consent. implied – touch football game, is it implied there will be some
contact? sure, consenting to some phsical contact, only thing I’m not consenting to is for someone
to take some brass knuckles, that becomes beyond the consent; look to the facts to see if
something is beyond the norm
Self-defense
if you’re in reas belief that someone will hurt you you can defend yourself with teh
SAME amount of force; gotta have REAS belief.
Defense of others
as long as there is a REAS belief that defense is necessary to protect 3rd
person
Defense of prop
can use REAS force to defend property as long as I have reas belief I can stop
whatever they’re doing on my prop; can NEVER use DEADLY force unless threat to your personal
safety
Necessity
usually relates to trespass to land situation
Necessity (public)
gotta come to your prop to prevent a greater public harm; still end up trespassing
on your prop but NOT liable for any damage
Necessity (private)
defense if you have to come to someone’s prop out of necessity to save myself,
to protect myself; then you have a defense of necessity against trespass to land; kicker is you will
PAY FOR DAMAGE to property
