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Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

To show a prima facie case of intentional tort, the plaintiff must first prove what?

A

A volitional act by the defendant.

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2
Q

What are the types of intent in intentional tort?

A

general and specific

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3
Q

The doctrine of transferred intent applies to what torts?

A

TTFBA: trespass to land and chattels, false imprisonment, battery and assault.

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4
Q

Causation is satisfied when what?

A

when the defendant’s conduct was a substantial factor in bringing about the injury.

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5
Q

Battery

A

the intentional causing of contact to the person of another that is harmful or offensive to a reasonable person.

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6
Q

When is contact harmful?

A

when it causes actual injury, pain or disfigurement.

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7
Q

When is contact offensive?

A

if it is unpermited.

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8
Q

What kind of damages can be gained in intentional tort with the exception of intentional infliction of emotional distress?

A

nominal damages; punitive damages if it was malicious.

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9
Q

Assault

A

the intentional causing of fear or apprehension of an impending physical contact.

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10
Q

Apprehension of a physical contact must be what?

A

reasonable

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11
Q

Must a victim have knowledge of the defendant’s identity?

A

no, so long as the plaintiff is aware of the impending physical contact.

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12
Q

. . . is sufficient to be considered reasonable apprehension of an impending battery.

A

apparent ability

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13
Q

Can someone be assaulted by words alone?

A

no. Words are not enough. Words coupled with conduct are enough.

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14
Q

The physical contact the victim is apprehensive of must be _______________.

A

immediate.

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15
Q

False Imprisonment

A

the intentional confining of another to a bounded area.

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16
Q

Is moral pressure or a future threat of harm sufficient for a finding of false imprisonment?

A

no

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17
Q

Intentional Infliction of Emotional Distress

A

extreme or outrageous conduct which intentionally or recklessly causes severe emotional distress.

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18
Q

What is considered extreme or outrageous conduct?

A

conduct which transcends all decency.

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19
Q

What kind of damages are required to successfully sue on a theory of IIED?

A

actual damages

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20
Q

Is physical injury required for a showing of IIED?

A

no

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21
Q

When the defendant intentionally causes physical harm to a third person and the plaintiff suffers severe emotional distress because of it, how can the plaintiff recover?

A

by showing 1) the elements of IIED; or 2) that she was present when the injury occurred, she is a close relative of the injured person, and the defendant knew that she was present and was a relative.

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22
Q

Where no other intentional tort fits, you should try . . .

A

intentional infliction of emotional distress.

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23
Q

Trespass to Land

A

the intentional entry onto the land of another.

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24
Q

Must a human enter the land of another?

A

no, an object belonging to the defendant may suffice.

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25
Q

Must the defendant intend to trespass?

A

no, only to enter the land.

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26
Q

Must the defendant know that the land belongs to someone else?

A

no

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27
Q

Who can sue on trespass to land?

A

those in actual or constructive possession of the land.

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28
Q

Must there be actual damage to the land?

A

no, there is danger in every trespass regardless of whether the land is actually harmed.

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29
Q

Trespass to Chattels

A

the intentional interference with the plaintiff’s right of possession in a chattel.

30
Q

What kinds of acts can count as trespass to chattels?

A

intermeddling or dispossession

31
Q

Must the defendant intend to interfere in the right of possession?

A

no, only to perform the act which causes the dispossession.

32
Q

What kind of damages are required for trespass to chattels?

A

actual damages, whether to the property itself or the possessory right.

33
Q

Conversion

A

the intentional interference with the plaintiff’s right of possession in chattel.

34
Q

What kind of damages are required for conversion?

A

enough damage to warrant the awarding of the chattel’s full value as of the time of the conversion.

35
Q

What is the difference between conversion and trespass to chattels?

A

the amount of damage to the chattel

36
Q

Must there be a taking for there to be a conversion?

A

no, it can be converted by wrongful acquisition, wrongful transfer, wrongful detention, substantial changing, severely damaging, or misusing a chattel.

37
Q

Is mistake of ownership a defense to conversion?

A

no

38
Q

Is mistake of ownership a defense to trespass to chattels?

A

no

39
Q

What kind of property can be converted?

A

only person property and intangible property capable of being reduced to physical form. You cannot convert a barn.

40
Q

What are the remedies for conversion?

A

either damages (full value) or replevin.

41
Q

Replevin

A

a court ordering that property be given back to its rightful owner.

42
Q

What are the defenses to intentional tort?

A

consent, self-defense, defense of property, defense of others, privilege of arrest, necessity, discipline.

43
Q

Can one consent to a criminal act?

A

no

44
Q

What are the types of consent?

A

express and implied

45
Q

When can a person claim self-defense?

A

where she reasonably believes she is or is about to be attacked.

46
Q

Is there a duty to retreat?

A

no

47
Q

Is self-defense available to the initial aggressor?

A

only if the victim responds to the aggressor’s nondeadly force with deadly force.

48
Q

A attempts a battery on B. B defends herself and accidentally hurts C in the process. Is B liable to C?

A

yes

49
Q

Is mistake allowed in self-defense?

A

a reasonable mistake is

50
Q

How much force may one use in self-defense?

A

a reasonable amount of force that appears necessary to prevent the harm.

51
Q

When is defense of others available as a defense?

A

when the actor reasonably believes that the other person could have used force to defend himself.

52
Q

May a property owner use deadly force to defend her property?

A

no

53
Q

Before force can be used in defending one’s property, what must first take place?

A

the defender must request the aggressor to leave.

54
Q

When is a request to leave not necessary?

A

where it is clear that it would be futile or dangerous.

55
Q

How much force can be used where a plaintiff has dispossessed the defendant and the defendant is in hot pursuit?

A

reasonable force

56
Q

May a property owner defend their property against someone who has a privilege to be there?

A

no

57
Q

Where a person is wrongfully deprived of their property by another, can that person enter the land of the dispossessor to retake the property?

A

yes, but they must 1) first request the property back; 2) enter the land in a reasonable manner; and 3) enter the land at a reasonable time.

58
Q

When can a defendant enter the land of a third party where the defendant’s wrongfully taken property is located?

A

the defendant is privileged to enter the property if 1) they have given notice to the landowner of the property being there; 2) they enter the land in a reasonable manner; 3) they enter the property at a reasonable time; and 4) the owner of the land refuses to give it back after being given notice of the property’s being present on their land.

59
Q

Explain the shopkeeper’s privilege.

A

a shopkeeper who has a reasonable belief that a person is shoplifting can detain the person in a reasonable manner and for a reasonable period of time.

60
Q

Must a shopkeeper call the police under the shopkeeper’s privilege?

A

no

61
Q

What privilege accompanies the privilege of arrest?

A

the privilege to enter onto the arrestee’s land to effectuate the arrest.

62
Q

When can a person make an arrest for a misdemeanor?

A

1) only of the misdemeanor is breach of the peace; and 2) if the misdemeanor takes place in front of the defendant.

63
Q

When can a person make an arrest for a felony?

A

a non-police officer can make an arrest for a felony where 1) the person is certain there was a felony; and 2) the person has a reasonable suspicion the plaintiff was the person who committed the felony.

64
Q

What are the types of necessity?

A

private and public

65
Q

When can a person claim necessity as a defense?

A

a person may interfere with the real or personal property of another when it is reasonably and apparently necessary to avoid threatened injury from a natural or other force and when the threatened injury is substantially more serious than the invasion that is undertake to avert it.

66
Q

Who is privileged to discipline children?

A

parents and teachers

67
Q

What kind of force can be used in disciplining children?

A

reasonable force

68
Q

Does the law recognize a claim for damages for emotion distress incident to negligently caused property loss?

A

no

69
Q

Where a person sells their real estate, but knows of a dangerous condition on the land after having sold it to the other person, are they still under a duty to make it safe?

A

yes. A seller of land who has created or negligently permitted to remain on the land a structure or other artificial condition which involves an unreasonable risk of harm to others outside of the land is subject to liability to such persons or physical harm caused by the condition after his vendee has taken possession of the land.

70
Q

The defense of “defense of others” will be negated if what?

A

if the defender’s belief that someone needed defending was unreasonable.

Torts (7 decks)

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