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Tort > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

Generally, what two requirements are needed for a D to commit an intentional tort?

A

(1) intention

(2) the tort/harm

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2
Q

When does a person act intentionally, in the context of intentional torts?

A

A person acts intentionally when they desire to produce the legally forbidden consequence or they know it was certainly result

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3
Q

For intention, is the focus on the person’s mental state or their conduct?

A

Mental state

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4
Q

What is the broad test for battery?

A

Harmful or offensive contact, with the plaintiffs person

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5
Q

In terms of the test the battery, what counts as harmful or offensive contact?

A

Contact is offensive if it is on permitted by a person ordinary

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6
Q

Regarding the intentional tort of battery, what contact must be made with the plaintiffs person in order to commit the offence?

A

Contact include anything that the plaintiff is holding, touching, or in contact with

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7
Q

What is the (intentional tort) test for assault?

A

Apprehension of an immediate battery

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8
Q

Regarding the test results, what counts as apprehension?

A

The defendant must place the plaintiff in reasonable apprehension, meaning that the plaintiff has to have knowledge that they are about to be touched, but not necessarily fear.

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9
Q

To meet the test of immediacy for battery, what do you need to consider for words vs. conduct?

A

Words alone are not immediate or threatening enough, they must be accompanied by some form of conduct. However words can also negate the immediacy and destroyed the conduct

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10
Q

In terms of the timing to commit a battery, does promising action later count as immediacy?

A

No. Needs to be immediate

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11
Q

What is the test for false imprisonment?

A

Restraint to a confined or bounded area

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12
Q

In terms of a “restraint” Under the test of false imprisonment, what 3 things do you need to consider?

A
  1. Threats are sufficient to amount to a restaurant (e.g. if a security guard threatens to call the police if you leave the store)
  2. And omission can be an act of restraint
  3. Awareness that you are being restrained
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13
Q

Regarding the tort of false imprisonment, what counts as being confined to a bonded area?

A

(1) If your mobility is limited then you are bounded.

(2) However an area is not bound if there is a reasonable means of escape that the plaintiff can reasonably discover

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14
Q

In terms of the tort of false imprisonment, what is the test for shopkeepers privilege?

A
  1. There must be a reasonable belief as to the fact of the theft
  2. The detention must be conducted in a reasonable manner
  3. Only non-deadly force can be used
  4. The detention must only be for a reasonable period of time, and
  5. Only for the purpose of making an investigation.
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15
Q

In order to avoid liability for false imprisonment is the shopkeeper required to notify the police in a reasonable amount of time about the suspect’s detention?

A

No this is not a requirement

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16
Q

What makes intentional infliction of emotional distress different from the other intentional tort?

A

It is the only tort where a defendant can be held liable for reckless conduct, rather than intentional

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17
Q

What is the test for intentional infliction of emotional distress

A

Outrageous conduct, where the P suffers emotional distress + damages

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18
Q

In terms of the test for intentional infliction of emotional distress, what counts is outrageous conduct?

A

Conduct is outrageous when it exceeds all bounds of decency tolerated in a civilised society

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19
Q

What are some of the precedent cases for the commission of outrageous conduct under the test of intentional infliction of emotional distress?

A
  1. The bad behaviour is continuous or repetitive
  2. The D knows that the plaintiff is emotionally sensitive and exploits that
  3. The defendant is a (i) transportation company, (ii) a hotel or (iii) a fragile class of person (children/the elderly/pregnant women
20
Q

Under the test for intentional infliction of emotional distress, whether plaintive suffers emotional distress is there any specific evidentiary requirement?

A

The plaintiff must suffer emotional distress. However you don’t need to prove that you have a manifestation of symptoms.

21
Q

For the intentional infliction of emotional distress what else must the plaintiff prove to be able to recover?

A

Actual damages

22
Q

What is the test for trespass?

A

Physical invasion + interfere with the P’s possession of a land

23
Q

To be able to claim under the tort of trespass, does the plaintiff need to show damages?

A

No damage to land required

24
Q

Under the tort of trespass, what counts as a physical invasion?

A

The defendant must either: (1) enter onto the land in any way, but they need not know that we crossed a boundary line; or (2) Throw something tangible onto the land

25
Q

Who can bring a claim for trespass?

A

It must be the possessor of the land, rather than the owner

26
Q

What is the difference between trespass to chattels vs. conversion?

A

For trespass to chattels the interference is slight. Whereas for conversion, the harm is big

27
Q

What is the test for both trespass the chattels and conversion?

A

The intentional interference with personal property + damages

28
Q

Regarding trespass the chattels and conversion how do you commit interference with someone else’s property?

A

Either by: (1) taking it, or (2) damaging it

29
Q

What is the remedy for trespass to chattels?

A

Cost of repair

30
Q

What is the remedy for conversion?

A

Fair market value

31
Q

Well mistake of ownership be a defence for trespass the chattels or conversion?

A

No

32
Q

Do you have to prove damages for conversion or trespass the chattels?

A

Yes

33
Q

Which of the intentional torts require you to prove damages?

A
  1. Trespass to chattels
  2. Conversion
  3. Intentional infliction of emotional distress
34
Q

What is the doctrine of transferred intent?

A

The doctrine allows a person to commit a tort against one person even though they intended to commit the act/omission against another.

35
Q

To which torts does the doctrine of transferred intent apply?

A
  1. Assault
  2. Battery
  3. False imprisonment
  4. Trespass to land
  5. Trespass the chattels
36
Q

What defences are available to intentional torts?

A
  1. Consent
  2. Protected Privileges (self-defence, defence of others and defence of property)
  3. Necessity
37
Q

Who can give consent?

A

Only a plaintiff with legal capacity can give consent

38
Q

What are the three types of consent?

A
  1. Express
  2. Custom/usage
  3. Body language
39
Q

In terms of the elements of protected privileges, what three requirements must be met to use the defence?

A
  1. Proper timing. (i.e. defendant must act with the threat is happening/imminent)
  2. A reasonable belief that the threat is genuine
  3. Necessary force
40
Q

Is preventative behaviour allowed to rely on the defence of self defence?

A

No, you need proper timing

41
Q

Will a mistake as to the reasonable belief that the threat is genuine destroy reliance on the defensive protected privilege?

A

No

42
Q

What counts as necessary force when it comes to protecting property?

A

You can never use deadly force

43
Q

For the defence of necessity which 3 torts can it be used for?

A
  1. Trespass to land
  2. Trespass to chattels
  3. Conversion
44
Q

What is public necessity?

A

A defendant commits a property tort in an emergency to protect the community at large

45
Q

What is private necessity?

A

The defendant commits a property taught in an emergency to protect his own interest

E.g. breaking into someone’s home to take shelter from a violent storm

46
Q

What is the rule regarding the defendant’s liability for damages if he seeks to rely on private necessity?

A

The defendant is still liable for compensatory damages for any harm caused to the others property.

47
Q

For how long can the defendant seek to rely on the defence of private necessity?

A

For as long as the emergency continues

Tort (6 decks)

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