Intentional Torts Flashcards
List Intentional Torts
Intentional Torts
Memorize
Seven Intentional Torts
Four Against Persons
- Battery
- Assault
- False Imprisonment
- IIED
Three Against Proprty
- Tresspass to Land - Real Property
- Trespass to Chattel - Personal Property
- Conversion - Personal Property (Chattel)
What intent is required for Torts Against Persons?
Intentional Torts
Memorize
Defendant DESIRES the RESULT or knows with SUBSTANTIAL CERTAINTY that the result will occur.
What intent is required for Torts Against Property?Intentional Torts
Memorize
Defendant DESIRES the ACT or knows with SUBSTANTIAL CERTAINTY that the act will occur.
Are minors liable for their intentional torts?
Intentional Torts
Memorize
Minors are liable for their intentional torts.
Are insane persons liable for their intentional torts?Intentional Torts
Memorize
Insane Persons are liable for their intentional torts.
Are mistaken persons liable for their intentional torts?Intentional Torts
Memorize
Mistaken Persons are liable for their intentional torts.
Explain Transferred Intent - Different Tort Same Plaintiff
Intentional Torts
Memorize
When the defendant desires to commit one tort, but instead, or in addition, commits a different tort to the same plaintiff, the requisite intent can be transferred from one intentional tort to another.
Explain Transferred Intent - Same Tort Different Plaintiff
Intentional Torts
Memorize
When the defendant desires to commit one tort, but instead, or in addition, commits the same tort against a different plaintiff, the requisite intent can be transferred from one plaintiff to another.
Explain Transferred Intent - Different Tort Different Plaintiff
Intentional Torts
Memorize
When the defendant desires to commit one tort, but instead, or in addition, commits a different tort against a different plaintiff, the requisite intent can be transferred from one intentional tort to another and from one plaintiff to another.
What torts are eligible for transferred intent?
Intentional Torts
Remember For transferred intent, the tort intended and the tort committed must be: 1. Assault 2. Battery 3. False Imprisonment 4. Tresspass to Land 5. Tresspass to Chattels
No transferred intent for:
- IIED
- Conversion
What Is the causation requirement for intentional torts?
Intentional Torts
Remember
Basic “but for” actual cause.
Actual damages not required for what torts?
Intentional Torts
Remember Actual damages not required for: 1. Battery 2. Assault 3. Fasle Imprisonment
Define Battery
Intentional Torts to Persons
Memorize
A battery is an act by defendant that intentionally causes a harmful or offensive contact with plaintiff’s person.
Battery - What is a Plaintiff’s Person?
Intentional Torts to Persons
Remember
Plaintiff’s Person - Can include plaintiff’s physical body, clothing and anything closely related to plaintiff.
Define Assault
Intentional Torts to Persons
Memorize
An assault is an act by defendant that intentionally causes reasonable apprehension in plaintiff of immediately receiving a battery.
Assault - Reasonable Apprehension Requirements?
Intentional Torts to Persons
Remember Reasonable Apprehension 1. Judged by the reasonable person standard 2. Apprehension does not have to = fear 3. But fear always = apprehension 4. Apprehension = expectation 5. Apparent ability all that is required 6. Words alone are insufficient 7. Words must be coupled with action
Define False Imprisonment
Intentional Torts to Persons
Memorize
False imprisonment is an act by defendant that intentionally causes the plaintiff to be confined to a bounded area.
False Imprisonment - Confinement Requirements? Intentional Torts to Persons
Remember Confinement is: 1. Physical Barriers 2. Physical Force 3. Threats of Force 4. Failure to Release 5. Invalid Use of Legal Authority
Confinement Remember
- Time of conferment need only be an appreciable amount of time
- Plaintiff must be aware of confinement unless plaintiff is injured by confinement
- MORAL PRESSURE in insufficient
- FUTURE THREATS are insufficient
False Imprisonment - What is a Bounded Area?
Intentional Torts to Persons
Remember
Bounded Area means:
1. Movement restrained in all directions
2. No REASONABLE means of escape
Assault - Immediacy Requirements?
Intentional Torts to Persons
Remember
Must be an IMMEDIATE Battery - Not Future
Define IIED
Intentional Torts to Persons
Memorize
Extreme and outrageous conduct by defendant that intentionally or recklessly causes severe emotional distress in plaintiff.
IIED - Conduct required for IIED?
Intentional Torts to Persons
Remember
Conduct that transcends all bounds of decency.
Conduct short of extreme and outrageous may still be IIED if:
- It is continuous in nature
- It is directed toward a particular type of plaintiff: Children, pregnant, elderly, supersensitive person if super sensitivity is known to plaintiff.
- Committed by common carriers or inn keepers.
IIED - Damage Requirements?
Intentional Torts to Persons
Remember
- Need ACTUAL damages - severe emotional distress is an actual damage.
- Nominal damages are insufficient
IIED - Third Party Requirements?
Intentional Torts to Persons
Memorize
A third party may recover for injuries by defendant causing physical harm to another if:
- Plaintiff and victim are closely related
- Plaintiff is present at the scene
- Defendant knows 1 and 2.
What is Transferred Intent?
Intentional Torts
Remember
The requisite intent can be transferred from plaintiff to another or from one intentional torts to another.
Define Trespass to Land
Intentional Torts to Property
Memorize
An intentional act by defendant that causes a
physical invasion of plaintiff’s land.
Trespass to Land - Invasion Requirements?
Intentional Torts to Property
Must be a physical invasion:
- Can be direct or indirect (indirect includes objects)
- Includes failure to leave or failure to remove
Trespass to Land - What constitutes possession?
Intentional Torts to Property
Remember
- Plaintiff’s right to possession is sufficient
- Ownership not required
Trespass to Land - Damage Requirements?
Intentional Torts to Property
Remember
- Damages are inferred - nominal damages will be awarded.
- All other provable damages are recoverable.
Battery - Damage Requirements?
Intentional Torts to Persons
Remember
Actual damages not required for Battery, Assault, and False Imprisonment
Assault - Damage Requirements?
Intentional Torts to Persons
Remember
Actual damages not required for Battery, Assault, and False Imprisonment
False Imprisonment - Damage Requirements?
Intentional Torts to Persons
Remember
Actual damages not required for Battery, Assault, and False Imprisonment
Battery - Harmful or Offensive Judged How?
Intentional Torts to Persons
Remember
As judged by a reasonable person.
False Imprisonment - Intent Requirements?
Intentional Torts to Persons
Remember
Intent must be to confine plaintiff to a bounded area.
Battery - Intent Requirements?
Intentional Torts to Persons
Remember
Intent must be to cause harmful or offensive contact with plaintiff’s person.
Assault - Intent Requirements?
Intentional Torts to Persons
Remember
Intent must be to cause apprehension.
How is “Reasonable” determined in intentional torts?
Intentional Torts
Where applicable, “reasonable” is always judged by the Reasonable Person Standard.
False Imprisonment - Immediacy Requirements?
Intentional Torts to Persons
Remember
1. Future threats are insufficient (just like assault).
What constitutes an “Act”?
Intentional Torts Against Persons
Remember
An “act” is a volitional act of the will.
IIED - Intent and Recklessness Requirements?
Intentional Torts to Persons
Remember
Intent to cause severe emotional distress OR is aware of the risk of severe emotional distress.
Trespass to Land - Act Requirements?
Intentional Torts to Property
Remember
Must only intend the act that caused the invasion.
Trespass to Land - Land and Space Requirements?
Intentional Torts to Property
Remember
- Land means all reasonably, usable space
- This includes low flying airplanes and hot air balloons.
Define Trespass to Chattel
Intentional Torts to Property
An intentional act by defendant that causes an interference with plaintiff’s possessory interest in chattel.
Trespass to Chattel - Intent Requirements?
Intentional Torts to Property
Remember
Must intend the act that causes interference with possessory interest in chattel.
Trespass to Chattel - Two forms of interference?
Intentional Torts to Property
Remember
Interference comes in two forms:
1. Intermeddling (damage to chattel)
2. Dispossession
Trespass to Chattel - Possessory Interest Requirements?
Intentional Torts to Property
Remember
- Right to possession is sufficient
- Ownership is not required.
Trespass to Chattel - What is Chattel?
Intentional Torts to Property
Remember
- All tangible property
- Any intangible property reduced to tangible form.
Trespass to Chattel - Damage Requirements?
Intentional Torts to Property
Remember
- Need ACTUAL damages
- Damages are not inferred
- Loss of possession will be considered actual harm
Define Conversion
Intentional Torts to Property
Memorize
Conversion is a trespass to chattel so severe as to warrant a forced sale.
Conversion - Intent Requirements?
Intentional Torts to Property
Remember
Must intend the act that causes the interference with possessory interest in chattel (same as trespass to chattel)
Conversion - Two forms of conversion (interference)?
Intentional Torts to Property
Remember
Conversion is SEVERE interference to chattel.
This happens two ways:
1.. Destruction - severe damage or material alteration to chattel.
2. Dispossession - wrongful acquisition, transfer, detention, or misuse of chattel.
Conversion - Possessory Interest Requirements?
Intentional Torts to Property
Remember
- Right to possession is sufficient (same as trespass to chattel).
- Ownership is not required.
Conversion - Remedies?
Intentional Torts to Property
Remember
- Damages - fair market value at the time of conversion (forced sale).
- Return of chattel by replevin (if plaintiff does not want a forced sale).
Within Assault, are words alone sufficient?
Intentional Torts to Persons
No , words must be coupled with action.
Within Assault, is the (actual) ability to harm necessary?
No, (apparent) ability is all that is required.
Within False Imprisonment, how long must the confinement last for?
Only an “appreciable” time.
Within False Imprisonment, must the plaintiff be aware of the confinement?
Yes, unless he is injured by the confinement.
So, within False Imprisonment, an injured plaintiff need not be aware fo the confinement?
Correct, if injured by the confinement, the plaintiff need not be aware that he was confined.
Within False Imprisonment, is moral pressure sufficient?
No, moral pressure is not sufficient.
Within False Imprisonment, are future threats sufficient?
No, future threat of confinement are not sufficient.
Can IIED still be proven is the conduct is short of extreme and outrageous?
Yes, when it is continuous in nature or directed toward certain special groups.
So, within IIED, when directed toward a particular plaintiff who is part of a special group, IIED can be proven without extreme and outrageous conduct? What are they?
Children, pregnant, elderly, supersensitive person if super sensitivity is known to plaintiff.
- Committed by common carriers or inn keepers.
Who, within IIED’s special groups, the supersensitivity of a person must be known to the defendant?
Yes, the defendant must know of the supersensitivity.
Are there any groups that have a standard of care to protect against IIED?
Yes, common carriers and innkeepers.
So, within IIED, conduct may be less than extreme and outrageous if the plaintiff is a child, a pregnant woman, an elderly person, a hypersensitive person (or) if the defendant is a common carrier/innkeeper?
Yes
Within IIED, you mentioned one additional exception to the extreme and outrageous standard - when behavior is “continuous in nature”. Is that right?
Yes, when behavior that falls short of extreme and outrageous but is continuous in nature, it may satisfy the requirement for conduct.
