Intentional Torts Flashcards
What are the general observations for the intentional torts? 3
- The plaintiff’s super-sensitivities are not to be taken into account unless the defendant knew of them
- Everybody can be liable for intentional torts.
- A person “intends” the consequence of her action if it was her purpose to bring about the consequence or if she knows to a degree of substantial certainty that the event will occur
What is transferred intent? 2
- Intent can “transfer” from the intended to actual victim; and
- Intent can “transfer” from the intended to actual tort
Carl leaps over Neighbor’s fence, intending to land on the lawn. Instead, Carl lands on Neighbor’s Fiancé. Can Fiancé prove intent in a battery action against Carl?
Yes - Intent transfers from intended to actual tort - Carl intended to commit a trespass but ended up committing a battery against neighbor (tort to tort), also intended to hurt neighbor by jumping the fence, but instead hurt neighbors fiance (victim to victim)
Battery: What are the elements of Battery? 2
- Harmful or offensive contact;
2. With the Plaintiffs person
Battery: What is harmful?
Touching that causes harm
Battery: What is offensive touching?
Un-permitted contact: Note - The plaintiff’s super-sensitivities are not to be taken into account … unless the defendant knew of them.
Battery: What is the Plaintiffs person?
The Plaintiff’s actual person or anything connected with the plaintiff will suffice.
Battery: Plaintiff’s Person - Defendant knocks a plate out of Plaintiff’s hand. Is there contact with Plaintiff’s person?
Yes, touched the plate which was physically connected to the plaintiffs hand and body
Battery: Plaintiff’s Person - Example #2: Defendant shakes Plaintiff’s car while Plaintiff is inside. Is there
contact with Plaintiff’s “person?”
Yes - by virtue of the fact that the plaintiff is in the car and is physically connected to the plaintiffs body
Assault: What are the elements for assault? 2
- Apprehension;
2. Of an immediate contact
Assault: How can apprehension occur?
- Apprehension must be reasonable
- Apprehension is not fear or intimidation (i.e. Bar examiners love to give us a def. weakling - For bar apprehension not be confused with fear and apprehension - they are not the same thing
- Apparent ability creates apprehension (i.e. Apparent ability = Reasonable apprehension
Unloaded gun example
If I get one of these on the exam Wrong answer - lack of the words “apparent ability”
Right answer - Has the words “reasonable apprehension”)
Assault: What is the 2nd element immediacy?
- Words alone are not enough
2. Words coupled with conduct can be enough (this can also undo immediacy)
Assault and Battery: If both assault and battery show up on a question which should I use?
Battery
False Imprisonment: What are the elements of false imprisonment?
- Sufficient Act of Restraint;
2. To a bounded area
False Imprisonment: Sufficient Act of Restraint - What is required to rise to the level of a sufficient act of restraint
- Threats can be enough - You do not need the actual application of force, the threat to do so is enough
- Inaction is enough where there is an understanding that the defendant would act for the plaintiffs benefit
- The plaintiff generally must be aware of the confinement.
- *Note - The confinement’s length of time is irrelevant - May be relevant for damages
False Imprisonment: Sufficient Act of Restraint - Inaction - Example: Religious Colony Leader takes Plaintiff across the ocean but
refuses to give her the means to come ashore. Is Leader’s inaction a “sufficient act of restraint?”
Yes, refused to give her the tools to get ashore, he took her all the way across the ocean and then failed to give her the tools to get all the way there
False Imprisonment: Bounded Area: What must happen for the area to be a bounded area?
- A mere inconvenience is not enough.
- An area is not bounded if there is a reasonable means of escape of which
the plaintiff is aware. - Think of the reasonable plaintiff for the bar exam
Intentional Infliction of Emotional Distress: What are the elements that must be met for Intentional Infliction of Emotional Distress?
- Outrageous conduct;
2. Damage
Intentional Infliction of Emotional Distress: Outrageous Conduct - How do you show outrageous conduct for Intentional Infliction of Emotional Distress?
- Continuous conduct
- Type of Plaintiff - (i.e. young children, elderly, pregnant women, remember not to take the plaintiffs super sensitivities into account unless the defendant knew of them)
- Type of Defendant - (Common Carriers, Inn-Keepers, and the plaintiff is a guest - Generally liable, make sure def. and plaintiff meet the description)
Intentional Infliction of Emotional Distress: Damage: How do you show damage for Intentional Infliction of Emotional Distress?
- Proof of severe emotional distress;
2. Intent - Reckless intent can satisfy - Transferred intent is normally not available
Intentional Infliction of Emotional Distress: Damage: Transferred Intent: Example Defendant beats Man while Best Friend watches from across the street. Does Defendant’s intent to batter Man transfer to Best Friend’s intentional infliction of emotional distress action?
No - Transferred intent not available for IIED, with close relative case if the def. is presnent and the plaintiff knows than it is actual intent not transfered
What are the intentional torts to Property?
- Trespass to land
2. Trespass to Chattels and Conversion
Trespass to land: What are the elements to Trespass to land?
- Act of physical invasion - Land owner does not need to know you are on his land
- To land
Trespass to land: Act of Physical invasion: How is physical invasion with a trespass to land satisfied?
- No need to show knowledge of crossing a physical line - once you cross the property you have physically invaded
- Propelling a physical object onto property will suffice (Note the object must be physical, bar examiners love to use things like smell, odor, lights, etc. this is nuisance, not trespass
