Intentional Torts Flashcards

1
Q

Elements of a prima facie case (Intentional Torts)

A
  1. Act by D (Volitional movement)
  2. Intent
    • Specific: Intent to bring about a specific harm
    • General: Substantial certainty that tortious conduct will result from D’s act
  3. Causation D’s conduct must be a substantial factor in bringing about the resulting harm
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Effects of Transferred Intent Doctrine

A

D’s original intent transfer to the tort actually committed and/or person actually harmed, resulting in D’s liability

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

Transferred Intent Doctrine (Applicable Torts)

A
  1. Assault
  2. Battery
  3. False Imprisonment
  4. Trespass to land or chattel

Therefore, doesn’t have Transferred Intent Doctrine:

  • Intentional infliction of emotional distress
  • Bystander Intentional infliction of emotional distress
  • Conversion
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Types of Transferred Intent Doctrine

A

D acts with the intent to commit a given tort but:

  1. Commits it against a different person than intended
  2. Commits a different tort than intender, or
  3. Both a) and b)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Assault

A

Intentional act by D creating P’s reasonable apprehension of immediate harmful or offensive contact to P’s person

Also considered an attempted battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Elements of Assault

A
  1. Act by D that creates a reasonable apprehension
  2. Of immediate harmful or offensive contact to P’s person
  3. Intent
  4. Causation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is Reasonable Apprehension

A

P has knowledge of D’s act and has a reasonable expectation that it will result in immediate harmful or offensive contact to P’s person.

Notes:

  • Fear is not required, but expectation
  • Words are not enough
  • Apparent ability is sufficient as long as it is reasonable
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Battery

A

An intentional harmful or offensive contact to P’s person by D.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Elements of Battery

A
  1. Harmful or offensive contact by D
    • The harmful or offensive characteristics are measured by RPS
  2. To P’s person (includes things attached to P’s person)
  3. Intent
  4. Causation
    • Indirect contact is sufficient (e.g. greasing a floor so that P will slip and fall)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

False imprisonment

A

An intentional act or omission by the defendant that causes the plaintiff to be confined or restrained to a bounded area

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

Elements of False Imprisonment

A
  1. Act (or omission) resulting in P’s restraint or confinement
    • Does not have to be physical
    • Duration is not important, brief confinement will suffice
  2. P is confined to a bounded area
    • P must be aware of or harmed by the confinement
    • P freedom must be limited
    • P must not be aware of any reasonable means of scape
  3. Intent
  4. Causation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

When a store may detain a suspected thief? (Shopkeeper’s privilege)

A
  1. Store has reasonable cause to believe a theft occurred;
  2. Store detains suspect for only a reasonable period and for purposes of investigation; and
  3. Detention is reasonable; only non-deadly force allowed
    • Shopkeeper may be held liable for any harm caused by acts exceeding the privilege
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Intentional infliction of emotional distress

A

Intentional extreme and outrageous conduct by the defendant that causes the plaintiff to suffer severe emotional distress.

Physical injuries are not required, only severe emotional distress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Elements Intentional Infliction of emotional distress

A
  1. Extreme and outrageous conduct by D
  2. Severe emotional distress in P
  3. Intent or recklessness
  4. Causation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is an Extreme and outrageous conduct? (IIED)

A

A Conduct that exceeds the bounds of decency in society.

Mere insults alone are insufficient.

Non-outrageous conduct may be actionable if:

  • D targets P’s known sensitivity or weakness
  • D’s conduct is continuous or repetitive
  • D targets a P who is a member of a fragile class
  • D is a common carrier or innkeeper
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Does IIED need damages?

A
  • No, only needs that P must suffer severe emotional distress from D’s conduct.
  • Physical symptoms are not necessary
  • P must be bothered
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Bystander IIED, definition?

A

A bystander closely related to a person physically injured or killed by D’s conduct may recover for emotional distress

18
Q

Bystander IIED Elements?

A
  1. D’s intentional conduct seriously injured or killed a third person
  2. P is closely related with the victim (unless design)
  3. Presence when act occurred (witness) (no zone of danger, just witness) (unless design)
  4. D Knew about presence and relation of P with victim
  5. P’s suffers Severe ED (not physical)
19
Q

Does bystander IIED need damages?

A

Actual damages are required (emotional distress)

No physical reaction is required.

The victim needs to be seriously injured or killed

20
Q

Trespass to land

A

An intentional act by the defendant that causes a physical invasion of the plaintiff’s real property

21
Q

Elements of Trespass to land

A
  1. Physical invasion of P’s real property by D
  2. Intent
    • Intent is to enter the land
    • D does not need to know the land belongs to another
  3. Causation

Damages are not required (compare to chattel and conversion)

22
Q

How the trespass to land needs to be, to be considered a Tort?

A
  • D must enter P’s property or propels an object onto it
  • P must only have actual or constructive possession of property. He doesn’t need to be the owner
  • Must be a physical invasion (light, smell or sound are not trespass but nuance)
  • The trespass includes surface space, airspace, and subterranean space
23
Q

Trespass to chattels

A

An intentional act by the defendant that causes an interference with the plaintiff’s right of possession in a chattel, resulting in damages

24
Q

Trespass to chattel (Elements)

A
  1. Minor or nonsubtantial Interference by D of possession of tangible chattels (dispossession or damaging)
  2. Intent (not necessary to be aware of the interference but the action must be volatile)
  3. causation
  4. Damages: P must have some loss of use
25
Q

Conversion vs Trespass to Chattels differences on elements?

A

An intentional act by the defendant that causes serious interference (not minor) with the plaintiff’s right of possession in a chattel

26
Q

Conversion Elements

A
  1. Serious Interference by D of possession of tangible chattels (dispossession or damaging)
  2. Intent, (intent to cause serious interference is enough even if he only achieves trespass)
  3. Causation
  4. Damages: P must have complete or serious loss of use
27
Q

What are the different consequences of Trespass to Chattel vs Conversion

A
  • Trespass - P can recover cost of repair or rental value of chattel
  • Conversion - P can recover full market value at the time of conversion or repossess the chattel (replevin)
28
Q

Consent, basic notion

A

Defense to all intentional torts - if P consents to D’s otherwise tortious conduct, D is not liable for that act

Capacity required - P must be capable of consenting

Consent is limited to the scope, anything exceeding the scope of the valid consent can held D liable

29
Q

Consent, Express vs Implied

A

Express consent - needs to be written or verbal (is nullified by duress, fraud, and mistake)

Implied consent - Implied consent D can reasonable infer P’s consent based on custom or P’s observable conduct

  • Implication means reasonability, P’s objective conduct was reasonable in expecting a consent
  • Typically raises when P participates in a conduct or go to a place where minor torts are common
30
Q

Self-defense, general requirements

A
  1. Reasonable belief - D must reasonably believe a tort is being or about to b committed
  2. Proper timing - tort must be in progress or imminent
  3. Reasonable force - must be proportionate to threat of harm
    • Deadly force - allowed if D reasonably believes a life is in danger (never permitted to protect property alone)
31
Q

Self-defense, notes

A
  • No duty to retreat
  • Only available to initial aggressor if D responds to non-deadly force with deadly force
32
Q

Defense of others

A

D must have reasonable belief that the person he is aiding would have the right of self-defense

D may use as much force as he could have used if the injury was threatened to him (i.e. if he was acting in self-defense)

33
Q

Defense of property

A

Available to prevent tort against property

  • Unavailable if initial actor had a privilege to enter land (e.g., recapturing chattel)
  • Reasonable mistake only allowed as to whether an intrusion occurred, not whether privilege existed
  • D must request that interference stop before using force unless doing so would be futile or dangerous
34
Q

Necessity, which torts covers? Overview

A

A defense to torts against property (trespass to land, trespass to chattel, conversion) in which D damages P’s property in an effort to avoid a greater danger

35
Q

Requirements for necessity

A
  1. D’s interference with P’s property must be reasonably necessary to avoid an immediate threatened injury
  2. Threatened injury must be more serious than the interference undertaken to avert it
36
Q

Necessity, public vs private

A

Public - absolute defense

  • D’s invasion of P’s property must be reasonably necessary to protect the community or a large group of people
  • Absolute defense - P cannot recover any damages

Private - limited defense

  • D invades P’s property to protect an individual or small group
  • Limited defense - P can recover actual damages, but not punitive or nominal damages (unless D’s act benefitted P)
37
Q

Recapture of Chattels

A

A defense to trespass; D may use peaceful means to recover possession of chattel taken unlawfully

38
Q

Recapture of Chattels, Limitation & requirements

A
  • D-owner must make a timely demand for return of chattel
    • Exception - not required if making demand would be futile or dangerous
  • D-owner may recapture from original wrongdoer or a third person who knows the chattel was wrongfully obtained
    • Recapture is not available if chattel is in the hands of an innocent party
39
Q

Privilege to enter rules

A

Depends on who possess property:

  • Wrongdoer’s property - reasonable time and manner
    • D-owner may enter at a reasonable time to reclaim chattel in a reasonable manner
  • Innocent person’s property- Notice required
    • D-owner must give notice to landowner. if Landowner refuses entry, D may enter at a reasonable time and in a peaceful manner
    • If D’s chattel is on another’s property through D’s fault, D does not have a privilege to enter property
40
Q

Use of force, (Recapture of chattels)

A

Force may be used to recapture chattel if in hot pursuit of one who has wrongfully obtained possession.

No deadly force or serious bodily harm permitted