Intentional Torts Flashcards
PF Case
Act by D; Intent; Causation
Intent
Intent to bring about the consequences that are the basis of the tort (no need to bring about the specific consequences); specific = purpose; general = knowledge with substantial certainty
Transferred Intent
Applies where D intends to commit a tort against one person but instead (1) commits a diff tort against that person, (2) commits the same tort against a diff person, or; (3) commits a diff tort against a diff person
Both torts must be either: ass, batt, false imp, TPL, or TPC
Causation
Usually not at issue; D’s ac must be a substantial factor in bringing about the injury
Battery
(1) Intentional act by D (2) that causes (3) harmful or offensive contact to the plaintiff’s person (judged by a reasonable person of ordinary sensibilities standard; person includes everything connected to you)
Assault
(1) Intentional act by D (2) that causes or creates (3) a reasonable apprehension in P of immediate harmful or offensive contact to P’s person
Effect of Words on Assault
Words alone cannot create reasonable apprehension and may negate an assault by making unreasonable any apprehension of immediate contact; conditional threats are sufficient, but threats of future contact are not
False Imprisonment
(1) act or omission to act on part of D that confines P to a bounded area; (2) intent to confine or restrain; (3) causation
False Imprisonment: Confinement
Physical barriers, physical force to person, immediate family, or property, threats of force, failure to provide means of escape
False Imprisonment: Shopkeeper’s Privilege
Shopkeepers can detain for investigation if there is a reasonable belief of theft, the detention is reasonably conducted, and the detention lasts for a reasonable period of time
IIED
(1) E&O conduct (2) intent to cause P to suffer severe ED or recklessness as to the effect of D’s conduct (3) causation (4) DAMAGES - severe ED
IIED - bystander case
When D intentionally physically harms 3P and P herself (as a bystander) suffers ED, P must prove (1) she was present when the injury occured to the other; (2) she was a close relative of hte injured person; (3) D knew P was there and was a relative
Trespass to Land
(1) Intent to physically invade land (2) physical invasion of the land; (3) causation
Trespass to Chattels
(1) Act by D interfering with P’s right of possession in chattel; (2) intent to perform the act; (3) causation; (4) DAMAGES (incl. dispossession); mistake as to ownership is no defense
Conversion
(1) Act by D SUBSTANTIALLY interfering with P’s right of possession in the chattel; (2) intent to perform the act; (3) causation; (4) DAMAGES (serious enough interference to require D to pay the full value of the chattel)
