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MBE > MBE Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

Learn about: - Transferred Intent - Battery - Assault - False Imprisonment - IIED - Trespass to land/chattels - Conversion - Intentional Tort Defenses

1
Q

What are the prima facie elements of an intentional tort?

A
  1. Voluntary act;
  2. Intent to cause harm;
  3. Causation; and
  4. Resulting harm
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2
Q

What intent is needed for intentional torts?

A
  • Intent to cause a harmful result; or
  • Acting with knowledge that harm is substantially certain to result
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3
Q

Are children and the mentally incompetent liable for their own torts?

A

Yes, if they have the requisite intent required for the tort.

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4
Q

Define

doctrine of transferred intent

A

If D intends to commit a tort but causes injury to a different victim OR commits a different tort than intended, original intent is transferred to the new victim/tort

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5
Q

Transferred intent applies to which torts?

A
  • Assault;
  • Battery;
  • False imprisonment; and
  • Trespass to chattels or land
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6
Q

Elements of battery

A
  1. Intentional act;
  2. That causes harmful, unwanted, or offensive contact to the plaintiff’s person
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7
Q

What qualifies as contact for battery?

A

Touching either:

  • P’s body;
  • Something that has a close physical connection to P’s body (purse, pet on a leash); or
  • Creating circumstances that will harm P (e.g. putting water on stairs so P will fall)
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8
Q

What constitutes harmful or offensive contact for battery?

A

Contact that:

  • Causes injury, pain, or any physical discomfort to P
  • Offends a reasonable person’s sensibilities
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9
Q

Does P need to be aware of the contact to constitute battery?

A

No

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10
Q

Does P need to prove harm for battery?

A

No, only that the contact would be
* offensive to a reasonable person; and
* D had the intent to cause the contact

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11
Q

What are the defenses to battery?

A
  1. Consent;
  2. Self-defense;
  3. Defense of property; and
  4. Defense of others
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12
Q

Define

eggshell plaintiff rule

A

Common law doctrine that makes D liable for all injuries/damages to P even if injuries are not reasonably foreseeable (i.e., you take P as you found them, even if P is more susceptible to harm than a typical person)

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13
Q

Elements of assault

A
  1. Intentional act by D that creates;
  2. P’s reasonable apprehension;
  3. Of imminent harmful or offensive physical contact; and
  4. Causation
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14
Q

What constitutes reasonable apprehension for assault?

A
  1. P is aware of D’s act; and
  2. Reasonably apprehends imminent harmful or offensive contact
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15
Q

Can reasonable apprehension exist if the D lacks the ability to commit assault?

A

Yes, as long as P didn’t know D lacked the ability. If P knew that D lacked the ability, then no reasonable apprehension would exist.

Example: If D says “I’m going to kill you with this gun in my bag,” but doesn’t actually have a gun, there is still reasonable apprehension unless the plaintiff knows D doesn’t have a gun in the bag.

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16
Q

Are mere words sufficient for assault?

A

No, unless in conjunction with other threatening conduct or circumstances.

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17
Q

Are threats of future harm considered assault?

A

No, the P must fear immediate bodily harm

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18
Q

Elements of false imprisonment

A
  1. D intends to confine or restrain P in a bounded area (area where P has no reasonable means of escape);
  2. D actually confines or restrains P in bounded area;
  3. P knows or is harmed by confinement
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19
Q

What constitutes confinement for false imprisonment?

A

Freedom of movement in all directions is limited with no reasonable means of escape.

Examples:

  • Use of physical barriers, duress, or threats
  • Invalid use of legal authority
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20
Q

Do threats of future or moral harm constitute confinement?

A

No

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21
Q

Does failing to release from confinement constitute false imprisonment?

A

Yes

Unless D is not aware of P being trapped in the room.
Example: P gets trapped in the bathroom and D won’t let her out.

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22
Q

Can you negligently falsely imprison someone?

A

No, false imprisonment requires the intent to confine.

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23
Q

Define

shopkeeper’s privilege

A

A shopkeeper is not liable for false imprisonment if she:

  1. Has a reasonable suspicion that P has stolen goods;
  2. Uses reasonable force to detain P; and
  3. Only detains P for a reasonable time to confirm/deny the suspicion

⚠️ Note: Only non-deadly force allowed. Shopkeeper can be liable for P’s injuries if actions exceed scope of privilege .

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24
Q

How long does D need to confine P to constitute false imprisonment?

A

Only briefly; duration is only important to determine damages

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25
Q

When is proof of actual damages required to recover for false imprisonment?

A

Only if P was unaware of his confinement. Proof of actual damages is not required if P was aware.

26
Q

Define

false arrest

A

False assertion of legal authority. Form of false imprisonment.

27
Q

Elements of intentional infliction of emotional distress (IIED)

A
  1. D acts intentionally or recklessly;
  2. With extreme and outrageous conduct; and
  3. Causes P severe emotional distress
28
Q

What constitutes extreme and outrageous conduct?

A

Conducts that exceeds all bounds tolerated by a civilized society. Must be much more than mere threats & insults; must shock the conscience.

29
Q

Is non-outrageous conduct actionable under IIED?

A

No, unless:

  • D is an innkeeper, common carrier, or in position of authority (teacher, boss, etc); or
  • P is part of a particularly susceptible group (seniors, children, pregnant women, etc)
30
Q

What is considered severe emotional distress?

A

Level of emotional distress that is expected to adversely affect mental health. Substantial & lasting.

31
Q

What elements are needed for a bystander to recover for IIED?

A
  1. D intentionally or recklessly harmed a third party;
  2. P was present at the scene and witnessed the event;
  3. P was closely related to victim (i.e. immediate family);
  4. D knew P was present and closely related; and
  5. P suffers extreme emotional distress as a result

⚠️ Note: P does not need to prove the above elements if D’s design or purpose was to cause severe emotional distress to P

32
Q

Elements of trespass to land

A
  1. D intentionally;
  2. Physically invades P’s real property
33
Q

What constitutes intent for trespass to land?

A

Intent to enter the land; D doesn’t need to intend to interfere with P’s property

34
Q

What constitutes entry for trespass to land?

A
  • Physical invasion by D
  • Object thrown/controlled by D

⚠️ Note: Smells, lights, sounds do not constitute trespass (but may be nuisance)

35
Q

Is mistake a defense to trespass to land?

A

No

36
Q

Elements for trespass to chattel

A
  1. D intentionally;
  2. Intermeddles or uses;
  3. P’s personal property (chattel); and
  4. Causes damage or loss of use
37
Q

Define

conversion

A

D intentionally exercises dominion and control over P’s property so as to deprive them of its use

38
Q

Is mistake a defense to conversion?

A

No

39
Q

Differentiate trespass to chattels vs. conversion

A

Trespass to chattels:

  • Shorter in duration with less severe harm than conversion
  • Can only recover cost of repair or rental value

Conversion:

  • Significant interference that deprives P of use
  • P can recover the full value + replevin
40
Q

What are the defenses to intentional torts?

A
  • Consent (express & implied);
  • Self-defense;
  • Defense of others;
  • Defense of property;
  • Necessity; and
  • Recapture
41
Q

What is express consent? When is it negated?

A

When P affirmatively communicates permission for D to act through words or writing.

Consent is negated when:

  • D’s conduct exceeds the scope of consent;
  • P lacked capacity to consent; or
  • Consent was gained through duress or fraud
42
Q

What is implied consent? When is it negated?

A

Reasonable inference that P consents through her conduct or custom (e.g. participating in boxing match)

Negated when conduct reasonably exceeds the scope of consent.

43
Q

Does consent given by mistake constitute a valid defense?

A

Yes, unless:

  • D knows that P is mistaken and exploits it; or
  • D is responsible for the mistake
44
Q

Elements for self-defense

A
  1. D subjectively and reasonably believes harm is imminent; and
  2. D uses proportional force to protect herself
45
Q

When can deadly force be used for self-defense?

A

Only when faced with intentional threats of death or grave bodily harm

⚠️ Note: Cannot be used to protect property

46
Q

Is there a duty to retreat?

A

Generally no, unless in a retreat jurisdiction (e.g. Washington, DC)

47
Q

When can the initial aggressor claim self-defense?

A

Only if the other person responded to non-deadly force with deadly force.

48
Q

Is D allowed to act negligently while using self-defense?

A

No, D will be held liable if they harm bystanders by acting negligently during self-defense (e.g. shooting a gun into a crowded sidewalk)

49
Q

What is the defense of others defense?

A

Defendant is entitled to defend others as long as they have a reasonable belief that the person they are defending would be entitled to self-defense

50
Q

If D mistakenly believes that she or another is in danger, can she still invoke self-defense or defense of others as a defense?

A

Yes, as long as the mistake was reasonable

51
Q

What is defense of property?

A

D is permitted to use reasonable, non-deadly force to prevent P from causing harm to D’s personal or real property

52
Q

What must D do before using reasonable force to defend property?

A

Ask the trespasser to stop

⚠️ Note: Not required if D believes request is dangerous or useless

53
Q

What is recapture of chattels?

A

Privilege to trespass & use peaceful means to get back one’s personal property from the wrongdoer

54
Q

When can force be used to recapture chattels?

A

Only when in hot pursuit of person who has obtained possession wrongfully (i.e. tort is in progress)

⚠️ Note: Deadly force is not allowed

55
Q

Do parents have the right to discipline their children?

A

Yes, parents and educators may use reasonable force to discipline children (reasonableness depends on child’s age and proportionality to the misbehavior)

56
Q

What is the necessity defense?

A

Allows D to reasonably interefere with P’s property to avoid a substantially greater harm (e.g. D damages P’s fence to try and save P’s burning house)

57
Q

What is the public necessity defense?

A

D destroyed or interfered with private property to protect the public from severe, imminent disaster

58
Q

Is public necessity an absolute defense?

A

Yes, D is not liable for any damages to the property

59
Q

When does private necessity arise?

A

When D interferes or trespasses on P’s property to prevent personal harm or harm to a small number of people

60
Q

Is private necessity an absolute privilege?

A

No, property owner can still recover actual damages for harm done to the property (but not nominal or punitive damages)

61
Q

True or False

Intentionally wrongful actions render D liable for all consequences of those acts, even if unintended and unforeseen

A

True

MBE Torts (4 decks)

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