Intentional Torts Flashcards
Battery
Battery is an act INTENDED to cause HARMFUL or OFFENSIVE CONTACT with the PERSON of ANOTHER, which CAUSES such contact.
Elements:
1.) INTENT:
D must intend to cause harmful of offensive contact with the person of another. That intent can be established by showing the actor intended or knew with substantial certainty his act would result in the contact. It is not necessary for the actor to have intended a particular type or degree of harm.
2.) HARMFUL OR OFFENSIVE CONTACT:
Harmful contact is harmful. Offensive contact is contact that would be considered offensive by a reasonable person.
3.) PERSON OF ANOTHER:
Things physically close to a person’s body, such as a pocketbook, briefcase, or umbrella are considered a part of the person.
4.) CAUSE:
The D’s act must be the actual and proximate cause of the result.
Transferred Intent applies:
Intend to commit Assault but accidentally have bodily contact = Battery
Intend to commit battery on one but accidentally commit battery on another = Battery
P need not prove damages.
Assault
Assault is an act INTENDED to cause APPREHENSION of IMMINENT harmful or offensive bodily contact, causing reasonable apprehension of that contact.
Elements:
1.) INTENT:
Intent can be established by showing the D intended or knew with substantial certainty that the apprehension would result.
2.) REASONABLE APPREHENSION:
D’s act must be an act that would create apprehension in the mind of a reasonable person, and the plaintiff must have had the apprehension.
3.) IMMINENT CONTACT:
The apprehension must be of imminent contact as distinguished from future contact. Imminent contact means that there will be no significant delay.
Transferred Intent applies.
P need not prove damages.
False Imprisonment
False Imprisonment is an act INTENDED to CONFINE the victim involuntarily to a BOUNDED AREA, resulting in such confinement.
Elements:
1.) INTENT:
Intent is established by showing the D intended or knew with substantial certainty that his act would result in confining P to a bounded area.
2.) CONFINEMENT:
Confinement does not have to be for a particular period. As a general matter, P must be aware of the confinement. If, however, P was physically injured during the confinement, it is not necessary to show that P was aware of the confinement.
3.) BOUNDED AREA:
A person is confined to a bounded area when freedom of movement is limited in all directions. An area is not considered “bounded” if there is a reasonable means of escape. An escape that presents a risk of harm to a person or property or that will cause undue embarrassment will not be considered reasonable.
P need not prove damages.
Intentional Infliction of Emotional Distress (IIED)
Intentional Infliction of Emotional Distress (IIED) is EXTREME AND OUTRAGEOUS CONDUCT that INTENTIONALLY OR RECKLESSLY causes severe emotional distress.
Elements:
1.) OUTRAGEOUS CONDUCT:
The conduct must be beyond all bounds of decency. Mere insults usually are not considered outrageous. If, however, the D is an innkeeper or common carrier dealing with a guest or passenger, or the plaintiff is a child, elderly person, or pregnant, abusive language may be considered outrageous.
2.) INTENTIONAL or RECKLESS:
While IIED is classified as an intentional tort, recklessness as to causing sever emotional distress also will be sufficient. A reckless state of mind can often be inferred from D’s outrageous conduct.
3.) DAMAGES:
The damages of severe emotion distress must be established as an element of P’s prima facie case. If P suffers physical harm as a result of the severe emotional distress, D will be liable for the physical harm as well.
Transferred intent DOES NOT apply.
Third person rule: P can base his claim on D’s outrageous conduct directed at a third person in two situations:
(a) if P observed the outrageous conduct directed towards a members of P’s immediate family; or
(b) if P observed the outrageous conduct directed towards any third person and the P’s emotional distress results in bodily harm.
Trespass to Land
A trespass to land is an act done with the INTENT to INVADE LAND that results in the physical invasion of the land of another.
Elements:
1.) INTENT:
There must be intent to invade land but it is not necessary for the actor to intend to invade the land of another. The intent can be established by showing that the actor intended or knew with substantial certainty that his act would result in the invasion of land.
2.) PHYSICAL INVASION:
If D enters the land, there has been a physical invasion. However, a personal entry by D is not required. If the defendant intentionally causes another person or object to invade the land, a physical invasion has occurred.
3.) LAND:
Includes the surface of the land as well as the space above the land and the ground underneath. However, as a general matter, airplanes flying over the land will not be deemed to trespass.
Distinguish Nuisance: Loud noises and smells do not satisfy a trespass. A nuisance is a substantial and unreasonable interference with the use and enjoyment of the land.
P need not prove damages. In fact, D liability can even occur if a benefit is conferred on the land.
Trespass to Chattels
Trespass to chattels is an intentional act done with the intent to have contact with a chattel that results in interference with the personal property of another causing damage.
Elements:
1.) INTENT:
The intent is simply to do the act with the intent to have contact with a chattel. It is not necessary that D intended to interfere with the property of another.
2.) DAMAGES:
The prima facie claim of trespass to chattels requires proof of actual damage. Damage can result from physical damage to the property of from P’s lost use of the property while it was under the control of the defendant.
Conversion
Conversion is an act done with the intent to have contact with personal property that results in substantial interference with the personal property of another causing substantial damage.
Elements:
1.) INTENT:
The intent is simply to do the act with the intent to have contact with personal property. It is not necessary that D intended to interfere with the property of another.
2.) SUBSTANTIAL DAMAGE:
Obviously if the property is destroyed, lost, or stolen while in the possession of the D, substantial damage has occurred. If the property is returned to the P, it will be a judgment for the jury as to whether there has been substantial damage. Damage could result from physical damage to the property or damage through lost use for a long or critical period.
3.) REMEDY:
If the P establishes a conversion, the remedy is a forced sale of the property. The D must pay the fair market value of the property at the time of the conversion, but the D keeps the property.
Distinguish Trespass: If the damage to the chattel is small, the tort is trespass to chattels. if the damage to the chattel is “substantial,” P could claim a trespass to chattels or conversion. If successful with trespass to chattels, P keeps the property but is compensated for the damage. If successful with conversion, P loses the property but is compensated with the fair market value of the property at the time of the conversion.
