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MBE-Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

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1
Q

What are the three elements needed to prove an intentional tort?

A

The plaintiff must prove:

  1. An act
  2. Intent and;
  3. Causation
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2
Q

What does it mean to act with intent?

A
  1. He acts with the purpose of causing the consequence of his act; or
  2. He act knowing that the consequence is substantially certain to result.
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3
Q

How can children and the mentally incompetent be held liable for intentional torts?

A

If they either act with a purpose or know consequences of their acts with a substantial certainty.

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4
Q

What is transferred intent?

A

When a person intends to commit an intentional tort against one person but instead commits either:

  1. A different intentional tort against that person;
  2. The intended tort against a different person; or
  3. A different intentional tort against a different person.
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5
Q

What is a battery?

A
  1. Defendant causes a harmful or offensive contact with the person of another; and
  2. Acts with the intent to cause the contact or the apprehension of the contact.
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6
Q

How does consent affect battery?

A

There is no battery if there is express or implied consent.

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7
Q

When is the harmful element of a battery satisfied?

A

If it causes an injury, pain, or illness

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8
Q

When is the offensive element of a battery satisfied?

A

A person of ordinary sensibilities would find the contact offensive

  • if the victim is hypersensitive, the defendant may still be liable if the defendant is aware but acts nonetheless.
  • plaintiff need not be aware of the contact when it occurs in order to recover.
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9
Q

What is the plaintiffs person in a battery cause of action?

A

Anything connected to the plaintiffs person

• pulling a chair out from under someone; knocking a hat off a person’s head

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10
Q

How is the causation element satisfied in a battery cause of action?

A

A defendant who sets in motion a chain of events that causes contact with the plaintiff, whether the contact is direct or indirect, is liable.

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11
Q

What is needed to prove damages in a battery cause of action?

A

No proof of actual harm is required; the plaintiff can recover nominal damages.

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12
Q

What is the eggshell- plaintiff rule?

A

A defendant is liable for all harm that flows from the battery, even if it is much worse than the defendant expected it to be.

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13
Q

What is an Assault?

A

The plaintiff reasonable apprehension of harmful or offensive bodily contact.

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14
Q

Is bodily contact required for an assault?

A

No

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15
Q

What does reasonable apprehension mean?

A
  1. Must be reasonable

2. The plaintiff must be aware of the defendants action.

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16
Q

How is the imminent element satisfied for assault?

A
  1. Must be without significant delay

2. Threats a future harm or hypothetical harm are not sufficient

17
Q

Can words along constitute an assault?

A

No

18
Q

What is the intent requirement for an assault?

A

The defendant must intend to cause either:

  • an apprehension of immediate harmful or offensive contact; or
  • The contact itself.
19
Q

What is needed to prove damages in a assault cause of action?

A

No proof of actual damages is required; the plaintiff can recover nominal damages

20
Q

What is intentional infliction of emotional distress?

A

Extreme or outrageous conduct intentionally causing severe emotional distress.

21
Q

What is the intent requirement for intentional infliction of emotional distress?

A

The defendant must attend to cause severe emotional distress or at least act with recklessness as for the risk of causing severe emotional distress.

22
Q

How is the extreme or outrageous conduct element satisfied?

A

If it exceeds the possible limits of human decency, so as to be entirely in tolerable in a civilized society.

  • defendant is in a position of authority or influence over the plaintiff
  • The plaintiff is a member of a group that has a known heightened sensitivity
23
Q

Can a defendant be liable to a third-party victim?

A

Yes if:

  1. A member of the victims immediate family who is present at the time of the defendants conduct, whether or not such distress results in a bodily injury; or
  2. Any other bystanders who is present at the time of the conduct, if the distress result in bodily injury.
24
Q

What is the causation element for intentional infliction of emotional distress?

A

The defendant’s actions were were at least a substantial factor in bringing about the plaintiff’s harm.

25
Q

What is needed to prove damages in a IIED cause of action?

A

Must prove severe emotional distress beyond what a reasonable person could endure.

• hypersensitivity - if the plaintiff’s experiences an unreasonable level of emotional distress, then the defendant is only liable if aware of the plaintiff’s hypersensitivity.

26
Q

What is false imprisonment?

A
  1. Defendant intends to confine or restrain another within fix boundaries;
  2. The actions directly or indirectly results in confinement; and
  3. Plaintiff is conscious of the confinement or harm by it.
27
Q

What does it mean to be confined within boundaries?

A

The plaintiff must be confined within a bounded area it which the plaintiff’s freedom of movement in all directions is limited.

  • The bounded areas may be large and need not be stationary.
  • an area is not about it if there is a reasonable means of safe escape.
28
Q

What are the three methods of confinement?

A 
1. Use of:
•physical barriers, •physical force, 
•threats, 
•invalid use of legal authority, 
•duress, 
•or refusing to provide a save means of escape.
  1. Shopkeeper’s privilege
  2. When the defendant has refused to perform a duty to help a person escape.
29
Q

What about a time does a person need to be confined to satisfy false imprisonment?

A

Any amount of time

30
Q

What is the intent needed to satisfy False imprisonment?

A

Defendant must act:

  • with the purpose of confining the plaintiff; or
  • knowing that the plaintiff’s confinement is substantially certain to result.
31
Q

What is needed to prove damages in a false imprisonment cause of action?

A

Actual damages are not required; plaintiff can recover nominal damages

32
Q

What intentional torts applies to transfer intent?

A
  1. Battery
  2. Assault
  3. False imprisonment

MBE-Torts (13 decks)

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