Intentional Torts Flashcards
List the 13 intentional torts
Assault Battery False Imprisonment IIED Wrongful Discharge Malicious Prosecution Abuse of Process Trespass to Land Trespass to Chattel Conversion Appropriateness of Name or Likeness Intrusion upon Seclusion Defamation
Battery Elements
Acts Intending to cause Contact harmful or offensive (or imminent apprehension) With a person or third person Contact directly/indirectly results
Intent for Battery Defined
- Purpose of producing the consequence
2. knowing with substantial certainty contact will result
Assault Elements
Acts Intending to cause Contact which is harmful or offensive With a person or third person Person is put in such imminent apprehension of contact
Intent for Assault Defined
- Desires for consequences of act
2. Substantially certain consequences will result from act
What exception is exhibited in assault?
Damage is wholly psychic
False Imprisonment Elements
- Acts
- intending to
- unlawfully confine the other or a third person
- within boundaries fixed by the actor AND
- his acts directly/indirectly result in such confinement
- other is conscious of confinement OR is harmed by confinement
False Arrest
Can include taking person into custody under asserted legal authority
Shopkeepers Privilege
- Reasonable belief person has stolen or is attempting to steal
- Detention for reasonable time
- Detention in reasonable manner
IIED Elements
- Mental or emotional disturbance does not constitute liability
- Actor must intentionally cause severe ED to another
and is liable for:
a. the ED
b. bodily harm resulting from it - Conduct must be extreme and outrageous reckless/intentional
What is the exception exhibited by IIED?
Another wholly psychic exception (Except where there is also physical harm present)
Wrongful Discharge Elements
- At will employee
- Discharged
- Discharge violation of clearly mandated public policy (strikes at heart of citizens social rights, duties, resp)
- No other permissible grounds to terminate
What exception does wrongful discharge show?
Wholly economic
Malicious Prosecution Elements
PRIVATE PERSON liable if he:
- Initiates criminal proceedings against accused
- W/o probable cause
- Primarily for purpose other than bringing accused to justice
- Proceedings terminated in favor of accused
Elements for probable cause (Malicious Prosecution)
Accuser must correctly or reasonably believe:
- The accused acted or refrained from acting in a particular manner
- Act/omissions constituted the offense
- He was sufficiently informed as the law and facts to bring the prosecution
Who bears burden of establishing the probable cause?
P
Abuse of Process Elements (collateral purpose)
- The present D made an illegal, improper, perverted use of process, a use neither warranted nor authorized by the process
- The D had an improper purpose in exercising such illegal, perverted or improper use of process; and
- Damage resulted
How is abuse of process different from malicious prosecution?
Don’t have to show that the proceedings terminated in accused favor
can be civil or criminal
Trespass to Land Elements
- Enters land in possession of another OR causes another person or thing to enter the land, or
- Remains on the land
- Fails to remove something from the land that person had a legal duty to remove
Damage is simply BEING on the land
Trespass to Chattel
- Dispossessing another of chattel, or
2. Using or intermedlling with the chattel in the possession of another
Dispossession elements
- Taking w/o consent
- Obtaining by fraud/duress
- Barring access to the chattel
- Destroying chattel while it is in possession of another
- Taking chattel into custody of the law
* *NO DAMAGE REQUIRED**
Using or Intermeddling Elements
Using or intermeddling type liable only if:
- Chattel impaired as to quality, condition, value
- Substantial time
- Bodily harm caused to the possessor, or harm caused to some person or thing in which possessor has legally vested interest
Conversion Elements
- Exercise of dominion or control over a chattel
- Seriously interferes with the rights of another
- Actor may be justly required to pay the other the full value of the chattel
Factors for Conversion
- Actors intent to assert the right of control over the chattel
- Extent/duration of dominion and control
- Actors good faith
- Extent/duration of the resulting interference
- Harm done to the chattel
- Inconvenience and expense caused to the other
Appropriateness of Name or Likeness
One who unlawfully and w/o privilege
- Appropriates to his own use or benefit
- The name or likeness of another
- Liability to the other for the invasion of his privacy
Intrusion upon Seclusion
One who intentionally, unlawfully or w/o privilege:
- Intrudes, physically or otherwise
- Upon the legally protected solitude or seclusion of another or his private affairs/concerns
- Subject to liability to the other for invasion of his privacy
* *ONLY IF THE INTRUSION WOULD BE HIGHLY OFFENSIVE TO THE REASONABLE PERSON**
Defamation
- False or defamatory statement against another
- Unprivileged publication to a third party
- Fault amounting at least to negligence on part of publisher
- Either actionability of the statement OR special harm caused by the statement
