Intentional Torts Flashcards
Generally, what two requirements are needed for a D to commit an intentional tort?
(1) intention
(2) the tort/harm
When does a person act intentionally, in the context of intentional torts?
A person acts intentionally when they desire to produce the legally forbidden consequence or they know it was certainly result
For intention, is the focus on the person’s mental state or their conduct?
Mental state
What is the broad test for battery?
Harmful or offensive contact, with the plaintiffs person
In terms of the test the battery, what counts as harmful or offensive contact?
Contact is offensive if it is on permitted by a person ordinary
Regarding the intentional tort of battery, what contact must be made with the plaintiffs person in order to commit the offence?
Contact include anything that the plaintiff is holding, touching, or in contact with
What is the (intentional tort) test for assault?
Apprehension of an immediate battery
Regarding the test results, what counts as apprehension?
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.
To meet the test of immediacy for battery, what do you need to consider for words vs. conduct?
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
In terms of the timing to commit a battery, does promising action later count as immediacy?
No. Needs to be immediate
What is the test for false imprisonment?
Restraint to a confined or bounded area
In terms of a “restraint” Under the test of false imprisonment, what 3 things do you need to consider?
- Threats are sufficient to amount to a restaurant (e.g. if a security guard threatens to call the police if you leave the store)
- And omission can be an act of restraint
- Awareness that you are being restrained
Regarding the tort of false imprisonment, what counts as being confined to a bonded area?
(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
In terms of the tort of false imprisonment, what is the test for shopkeepers privilege?
- There must be a reasonable belief as to the fact of the theft
- The detention must be conducted in a reasonable manner
- Only non-deadly force can be used
- The detention must only be for a reasonable period of time, and
- Only for the purpose of making an investigation.
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?
No this is not a requirement
What makes intentional infliction of emotional distress different from the other intentional tort?
It is the only tort where a defendant can be held liable for reckless conduct, rather than intentional
What is the test for intentional infliction of emotional distress
Outrageous conduct, where the P suffers emotional distress + damages
In terms of the test for intentional infliction of emotional distress, what counts is outrageous conduct?
Conduct is outrageous when it exceeds all bounds of decency tolerated in a civilised society
What are some of the precedent cases for the commission of outrageous conduct under the test of intentional infliction of emotional distress?
- The bad behaviour is continuous or repetitive
- The D knows that the plaintiff is emotionally sensitive and exploits that
- The defendant is a (i) transportation company, (ii) a hotel or (iii) a fragile class of person (children/the elderly/pregnant women
Under the test for intentional infliction of emotional distress, whether plaintive suffers emotional distress is there any specific evidentiary requirement?
The plaintiff must suffer emotional distress. However you don’t need to prove that you have a manifestation of symptoms.
For the intentional infliction of emotional distress what else must the plaintiff prove to be able to recover?
Actual damages
What is the test for trespass?
Physical invasion + interfere with the P’s possession of a land
To be able to claim under the tort of trespass, does the plaintiff need to show damages?
No damage to land required
Under the tort of trespass, what counts as a physical invasion?
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
Who can bring a claim for trespass?
It must be the possessor of the land, rather than the owner
What is the difference between trespass to chattels vs. conversion?
For trespass to chattels the interference is slight. Whereas for conversion, the harm is big
What is the test for both trespass the chattels and conversion?
The intentional interference with personal property + damages
Regarding trespass the chattels and conversion how do you commit interference with someone else’s property?
Either by: (1) taking it, or (2) damaging it
What is the remedy for trespass to chattels?
Cost of repair
What is the remedy for conversion?
Fair market value
Well mistake of ownership be a defence for trespass the chattels or conversion?
No
Do you have to prove damages for conversion or trespass the chattels?
Yes
Which of the intentional torts require you to prove damages?
- Trespass to chattels
- Conversion
- Intentional infliction of emotional distress
What is the doctrine of transferred intent?
The doctrine allows a person to commit a tort against one person even though they intended to commit the act/omission against another.
To which torts does the doctrine of transferred intent apply?
- Assault
- Battery
- False imprisonment
- Trespass to land
- Trespass the chattels
What defences are available to intentional torts?
- Consent
- Protected Privileges (self-defence, defence of others and defence of property)
- Necessity
Who can give consent?
Only a plaintiff with legal capacity can give consent
What are the three types of consent?
- Express
- Custom/usage
- Body language
In terms of the elements of protected privileges, what three requirements must be met to use the defence?
- Proper timing. (i.e. defendant must act with the threat is happening/imminent)
- A reasonable belief that the threat is genuine
- Necessary force
Is preventative behaviour allowed to rely on the defence of self defence?
No, you need proper timing
Will a mistake as to the reasonable belief that the threat is genuine destroy reliance on the defensive protected privilege?
No
What counts as necessary force when it comes to protecting property?
You can never use deadly force
For the defence of necessity which 3 torts can it be used for?
- Trespass to land
- Trespass to chattels
- Conversion
What is public necessity?
A defendant commits a property tort in an emergency to protect the community at large
What is private necessity?
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
What is the rule regarding the defendant’s liability for damages if he seeks to rely on private necessity?
The defendant is still liable for compensatory damages for any harm caused to the others property.
For how long can the defendant seek to rely on the defence of private necessity?
For as long as the emergency continues
