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Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

Intentional Torts, generally

A
  1. ACT
  2. INTENT
  3. CAUSATION
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2
Q

ACT

A

must be voluntary

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3
Q

INTENTIONALLY

A

PURPOSE of causing the consequences of his acts
OR KNOWING the consequence is SUBSTANTIALLY CERTAIN

Children and mentally incompetent CAN act intentionally

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4
Q

Transferred intent does NOT apply to which torts?

A

IIED, conversion

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5
Q

Elements of Battery

A
  1. Causes a HARMFUL OR OFFENSIVE contact
  2. With the Intent to cause such contact

Note: contact = anything connected to the plaintiff’s person

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6
Q

harmful or offensive contact

A
  • Harmful: causes injury, physical impairment, pain, or illness
  • Offensive: a person of ordinary sensibilities would find it objective (reasonable person test) (ex: spitting in your face)
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7
Q

Causation for battery

A

act must ACTUALLY result in the harmful or offensive contact - chain of events is OK

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8
Q

Is proof of harm required for battery?

A

NO - plaintiff can require nominal damages if no actual damages occur

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9
Q

Eggshell Plaintiff Rule

A

D is not required to foresee the extent of the damages in order to be held liable for them - liable for all damages caused by the harm

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10
Q

Assault elements

A
  1. reasonable apprehension
  2. of an IMMINENT harmful or offensive contact caused by D’s action
  3. D’s intent to cause the contact or apprehension of the contact
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11
Q

Does a plaintiff need to be aware of a battery?

A

NO

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12
Q

Does a plaintiff need to be aware of an assault?

A

YES - can’t have reasonable apprehension without it

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13
Q

Mere words = assault?

A

NO - must be words coupled with conduct or other circumstances

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14
Q

Can defendant negate an assault with mere words?

A

yes - “If you weren’t such a good friend, I would punch you” is NOT an assault

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15
Q

Is proof of harm required for assault?

A

NO = nominal damages are fine. If you have a heart attack from the assault, you can recor for those

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16
Q

Intentional Infliction of Emotional Distress (IIED)

A
  1. Intentionally or recklessly
  2. Acting with EXTREME and OUTRAGEOUS conduct
  3. That causes P severe emotional distress
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17
Q

Note levels of intentionality for IIED

A

intentionally causing severe emotional distress or RECKLESSLY as to the risk of causing distress

Transferred intent can apply person-to-person

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18
Q

extreme and outrageous

A

exceeds the possible limits of human decency as to be entirely intolerable in a civilized society

More likely to find extreme/outrageous if:

  • D is in a position of authority or influence
  • P has a known heightened sensitivity (young, old, pregnant)
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19
Q

Public figures and IIED

A

must prove the publication has a false statement made with actual malice (knowledge it was false or with reckless disregard as to whether or not it was true)

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20
Q

Third party liability for IIED

A

Can be held liable if intentionally/recklessly causes severe emotional distress to:

  1. immediate family who contemporaneously perceives conduct
  2. bystander IF RESULTS IN BODILY INJURY
21
Q

Causation for IIED

A

actions were a SUBSTANTIAL FACTOR

22
Q

Damages for IIED

A

most prove severe emotional distress beyond what a reasonable person could endure (usually proved by the extreme and outrageous conduct itself)

23
Q

Eggshell plaintiff and IIED

A

NO LIABILITY unless D knew of the heightened sensitivity

24
Q

False imprisonment

A
  1. intending to confine or restrain within boundaries
  2. those actions directly/indirectly result in confinement
  3. P is CONSCIOUS of the confinement OR is HARMED by it
25
Q

confined within boundaries

A

freedom of movement in all directions is limited

can be large

can also be moving (doesnt need to be stationary)

NOT bounded if there is a reasonable means of safe escape

26
Q

Methods of confinement

A 
physical barriers
physical force
direct or indirect threads
invalid use of legal authority
duress
failure to provide a reasonable means of escape
refusing to perform a duty to release
27
Q

Shopkeeper’s privilege

A

reasonable (duration and manner) detention of a suspected shoplifter

28
Q

Length of time of confinement

A

DOESNT MATTER

29
Q

intent to confine

A

purposefully (NOT negligently - that’s negligence)

knowing confinement is substantially certain to result

30
Q

Is proof of harm required?

A

Nope, unless P was unaware of the confinement

31
Q

Defenses to intentional torts

A
  1. Consent (express or implied)
  2. Self-Defense
  3. Defense of Others
  4. Defense of Property
  5. Parent Discipline
  6. Privilege of arrest
32
Q

Implied consent

A
  1. When P is silent in a situation in which a reasonable person would object
  2. emergency rescue (unless a competent and conscious patient is refusing treatment - that’s a right)
  3. athletic contests - implied by custom or useage
  4. mutual consent to combat (boxing)
33
Q

Use of reasonable force

A

MAY use reasonable force to defend against an offensive contact or bodily harm you REASONABLY BELIEVE is about to be intentionally inflicted on you.

Must be REASONABLY PROPORTIONATE

Reasonably mistakenly thinking you will be harmed is OK too

34
Q

Use of deadly force

A

Only allowed when you have a reasonable belief that deadly force (or serious bodily injury) is about to be intentionally inflicted on you

35
Q

Obligation to reteat

A

not required to retreat generally
2nd restatement - duty to retreat before using deadly force
stand your ground - no duty to retreat

36
Q

Can the initial aggressor claim self defense?

A

NO - unless other person responded to nondeadly force with deadly force

37
Q

Liable for third party injuries?

A

NOPE - so long as those injuries were accidental and you weren’t negligent wrt the bystander

38
Q

defense of others

A

Can use reasonable force to defend others if you have a reasonable belief that the other person would be entitled to use self defense

39
Q

defense of property

A
  1. reasonable force to defend or prevent intrusion
  2. use of deadly force NOT allowed
  3. can use reasonable force to reclaim personal property someone else has wrongfully taken (must request return first
40
Q

parental discipline

A

parent can use reasonable force or impose reasonable confinement as necessary to discipline a child (take into consideration: age, gravity of behavior)

41
Q

privilege of arrest for private citizens

A
  1. private citizen can use force to make a felony arrest - SO LONG AS one has actually be committed and reasonable grounds to suspect the person being arrested
42
Q

trespass to chattels

A
  1. intentionally interferes with right of possession by
  2. Dispossessing of the chattel
  3. OR using/intermeddling
  4. Actual harm to the chattel or loss of use for a substantial time
43
Q

Conversion

A
  1. intentionally
  2. deprives P of chattel
  3. OR interferes with chattel so much that it deprives of use (dominion or control)
44
Q

distinguishing conversion from trespass to chattel (factors)

A
  1. duration and extent of the interference
  2. intent to assert a right inconsistent with the rightful possessor
  3. lack of good faith
  4. expense or inconvenience to P
  5. extent of harm to the chattel
45
Q

trespass to land

A
  1. intentional act to enter the land (do NOT need intent to trespass, can be mistaken)
  2. causes physical invasion
46
Q

Do you need damages for trespass?

A

NOpe

47
Q

defense to trespass

A

necessity

public - when necessary to protect a large number of people from public calamity (ABSOLUTE - not liable for damages as long as reasonably thought it was necessary)

Private - reasonably necessary to prevent a threatened injury from nature or another force. qualified - property owner still can recover actual damages

48
Q

nuisance

A

activity that

  1. substantially interferes (offensive, inconvenient, etc)
  2. AND unreasonably interferes (outweighs the usefulness)
  3. with another’s use or enjoyment of the land

Torts (6 decks)

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