Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Transferred intent applies to which torts?

A
  • Assault;
  • Battery;
  • False imprisonment; and
  • Trespass to chattels or land
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Elements of battery

A
  1. Intentional act;
  2. That causes harmful, unwanted, or offensive contact to the plaintiff’s person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the defenses to battery?

A
  1. Consent;
  2. Self-defense;
  3. Defense of property; and
  4. Defense of others
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Are mere words sufficient for assault?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Are threats of future harm considered assault?

A

No, the P must fear immediate bodily harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Where can I find key Brainscape advice on passing the bar exam and overcoming common challenges?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Do threats of future or moral harm constitute confinement?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Can you negligently falsely imprison someone?

A

No, false imprisonment requires the intent to confine.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
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 .

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
**How long** does D need to confine P to constitute false imprisonment?
Only **briefly**; duration is only important to determine damages
26
When is proof of **actual damages** required to recover for false imprisonment?
Only if P was **unaware** of his confinement. Proof of actual damages is not required if P was aware.
27
# Define false arrest
False assertion of **legal authority.** Form of false imprisonment.
28
Elements of intentional infliction of emotional distress (**IIED**)
1. D acts **intentionally** or **recklessly**; 2. With **extreme** _and_ **outrageous** conduct; and 3. Causes P **severe emotional distress**
29
What constitutes **extreme** and **outrageous** conduct?
Conducts that **exceeds all bounds tolerated by a civilized society.** Must be much more than mere threats & insults; must shock the conscience.
30
Is **non-outrageous conduct** actionable under IIED?
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)
31
What is considered **severe emotional distress?**
Level of emotional distress that is expected to **adversely affect mental health**. **Substantial & lasting**.
32
What elements are needed for a **bystander** to recover for IIED?
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 ## Footnote ⚠️ Note: P does not need to prove the above elements if D's **design or purpose** was to cause severe emotional distress to P
33
Elements of **trespass to land**
1. D **intentionally**; 2. **Physically invades** P's real property
34
What constitutes **intent** for trespass to land?
**Intent to enter the land**; D doesn't need to intend to interfere with P's property
35
What constitutes **entry** for **trespass to land?**
* **Physical invasion** by D * **Object thrown/controlled** by D ## Footnote ⚠️ Note: Smells, lights, sounds do not constitute trespass (but may be nuisance)
36
Is **mistake** a defense to **trespass to land**?
No
37
Elements for **trespass to chattel**
1. D **intentionally;** 2. **Intermeddles or uses;** 3. P's **personal property** (chattel); and 4. Causes **damage** or **loss of use**
38
# Define conversion
D **intentionally** exercises **dominion** and **control** over P's property so as to **deprive them of its use**
39
Is **mistake** a defense to conversion?
No
40
Where can I **watch a video** or **listen to a podcast** of these bar prep questions?
[Brainscape's "Hands-free" Bar Prep YouTube playlist](https://www.youtube.com/watch?v=16iLSk4leLM&list=PLnnMeFOl2XiVey4fhTQYcxA8yQB8W0Ohp) [Brainscape's "Hands-free" Bar Prep Podcast](https://www.brainscape.com/academy/best-podcast-law-students/) | Rate this card a five if you don't need to see it again.
41
Differentiate **trespass to chattels** vs. **conversion**
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**
42
What are the **defenses** to **intentional torts**?
* Consent (express & implied); * Self-defense; * Defense of others; * Defense of property; * Necessity; and * Recapture
43
What is **express consent?** When is it negated?
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**
44
What is **implied consent**? When is it negated?
**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**.
45
Does consent given by **mistake** constitute a valid defense?
Yes, unless: * D **knows** that P is mistaken and **exploits** it; or * D is **responsible** for the mistake
46
Elements for **self-defense**
1. D **subjectively and reasonably** believes harm is **imminent**; and 2. D uses **proportional force** to protect herself
47
When can **deadly force** be used for self-defense?
Only when faced with intentional threats of **death** or **grave bodily harm** ## Footnote **⚠️** Note: Cannot be used to protect property
48
Is there a **duty to retreat**?
Generally no, unless in a retreat jurisdiction (e.g. Washington, DC)
49
When can the **initial aggressor** claim self-defense?
Only if the **other person** responded to non-deadly force **with deadly force.**
50
Is D allowed to act **negligently** while using self-defense?
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)
51
What is the **defense of others** defense?
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**
52
If D **mistakenly** believes that she or another is in danger, can she still invoke self-defense or defense of others as a defense?
Yes, as long as the mistake was **reasonable**
53
What is **defense of property?**
D is permitted to use **reasonable, non-deadly force** to prevent P from causing harm to D's personal or real property
54
What must D do **before** using reasonable force to defend property?
Ask the trespasser to **stop** ## Footnote ⚠️ Note: Not required if D believes request is dangerous or useless
55
What is **recapture of** **chattels**?
Privilege to **trespass** & use **peaceful means** to get back one's personal property from the wrongdoer
56
When can **force** be used to recapture chattels?
Only when in **hot pursuit** of person who has obtained possession wrongfully (i.e. tort is in progress) ## Footnote ⚠️ Note: Deadly force is not allowed
57
Do **parents** have the right to **discipline** their children?
Yes, parents and educators may use **reasonable force** to discipline children (reasonableness depends on child's age and proportionality to the misbehavior)
58
What is the **necessity defense**?
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)
59
What is the **public** **necessity** defense?
D destroyed or interfered with private property to **protect the public from severe, imminent disaster**
60
Is public necessity an **absolute** defense?
Yes, D is not liable for **_any_** damages to the property
61
When does **private** **necessity** arise?
When D interferes or trespasses on P's property to prevent **personal harm** or **harm to a small number** of people
62
Is private necessity an **absolute** privilege?
No, property owner can still recover **actual damages** for harm done to the property (but not nominal or punitive damages)
63
# True or False **Intentionally wrongful actions** render D liable for all consequences of those acts, even if **unintended and unforeseen**
True

MBE Torts (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions