Intentional Torts Flashcards
Elements of Intentional Torts
(1) voluntary act; (2) intent; and (3) causation
Voluntary Act
Defendant must have the state of mind that directed the physical movement
Intent
Defendant acts (1) with the purpose of causing the consequence; or (2) knowing the consequence is substantially certain to result
Transferred Intent
Occurs when a person intends to commit an intentional tort against one person but instead commits: (1) a different intentional tort against the same person; (2) the same intended tort against a different person; or (3) a different intentional tort against a different person
Types of Intentional Torts
Battery, assault, false imprisonment, trespass to land, and trespass to chattels
Causation
Defendant’s conduct was a substantial factor in creating the harm
Battery
Intentional act that causes harmful or offensive contact to another person
Act
Volitional movement
Contact
Either direct or indirect touching or anything that is connected to the person (e.g., a cane), plaintiff does not need to be aware of the contact when it occurs
Harmful
Causing physical pain, injury, or illness
Offensive
Violating a reasonable persons sense of dignity
Defense to Battery
No battery if there was express or implied consent
Damages for Battery
Defendant is liable for any damages that ensue, even if not intended or foreseeable (e.g., the “eggshell plaintiff”), no proof of actual damages is required, punitive damages may be permitted if defendant acted outrageously or with malice
Assault
Intentional act that causes reasonable apprehension of imminent harmful or offensive contact to another person
Apprehension
Awareness, the apprehension must be reasonable, plaintiff must be aware or have knowledge of the defendant’s act, actual fear is NOT required
Imminent
Must be without significant delay (no threats of future harm or threats by someone who is not in the position to carry out the threat)
Damages for Assault
No proof of actual damages is required, plaintiff can recover nominal damages and punitive damages, plaintiff can also recover damages for physical harm (e.g., heart attack)
False Imprisonment
Intentional act that causes the confinement or restraint of another person to a bounded area
Acts of Confinement/Restraint
Use of physical barriers, physical force, threats of force, invalid use of authority, but not moral pressure or future threats
Bounded Area
Plaintiff’s freedom of movement must be limited in all directions with no reasonable means of escape
Shopkeeper’s Privilege
A shopkeeper can detain a suspected shoplifter for a reasonable time and in a reasonable manner without being considered false imprisonment
Damages for False Imprisonment
Actual damages are not required, nominal damages may be recovered unless plaintiff is not aware of the confinement, in some cases plaintiff may recover punitive damages
Intentional Infliction of Emotional Distress (IIED)
Intentional or reckless extreme and outrageous conduct that causes severe emotional distress
Extreme or Outrageous Conduct
exceeds the limits of human decency so as to be intolerable to society (mere insults, indignities, or threats are not enough)
Bystander Cases of IIED
Defendant is liable if he or she intentionally or recklessly causes severe emotional distress to: (1) a member of the victims family who is present at the time of the defendant’s conduct; or (2) any other bystander who is present IF the defendant is aware of the bystander AND the distress results in bodily injury
Damages for IIED
Physical injury is NOT required (except in cases of bystander other than a family member)
Defenses to Intentional Torts
Express consent, implied consent, incapacity, self-defense, defense of others, defense of proper, intrusion upon land, recapture of chattels, and parental discipline
Trespass to Chattels
Intentional act that causes interference with right of possession in chattel with damages
Conversion
Intentional act that causes interference with right of possession in chattel, in a matter so serious as to deprive the plaintiff entirely of the use of the chattel, with damages
Trespass to Land
Intentional act that causes physical invasion of real property
Physical Invasion of Property
Failure to leave the plaintiff’s property after a lawful right of entry expired (can be physical, but can include flooding the land, throwing rocks on the land, etc.)
