Intentional Torts Flashcards
Prima facie case for intentional tort:
7 Intentional Torts
Act by Defendant
Intent
Causation
*Damages (for some)
- Assault; 2. Battery; 3. False imprisonment; 4. Trespass to Land; 5. Trespass to Chattel; 6. Conversion; 7. IIED
Intent
Specific (purpose to cause certain consequences)
OR
General (substantial certainty that certain consequences will result)
Transferred Intent
Doctrine applies when D intends to commit tort against a person but instead: commits different tort against same person; or commits same tort against different person.
Ex: D who acts with intent to commit assault but commits battery is liable for battery.
Limitation on Transferred Intent
Transferred intent NOT invoked for Conversion or IIED.
Causation
Result must’ve been legally caused by D’s act OR something set in motion by D’s act.
Satisfied IF D’s conduct was a substantial factor in resulting injury.
Battery
Harm or offensive contact to the P.
- Offensive = RP standard.
- Contact may be direct (ex: hitting P) or indirect (ex: setting trap).
- Contact can be made with anything connected to P. (Ex: knocking plate out of hand)
*Damages
Actual damages don’t have to be proven. P may recover nominal damages. Punitive for malicious conduct.
Not applicable for IIED, TTC, Conversion.
Assault
Reasonable apprehension of an immediate harmful or offensive contact.
- Apprehension must be reasonable.
- Apparent ability sufficient to cause reasonable apprehension.
- Fear is NOT apprehension!
- P must be aware of threat.
- Words alone aren’t enough, but may negate reasonable apprehension.
False Imprisonment
P confined/ restrained to bounded area.
- Irrelevant to show how short confinement is.
- P must know of confinement OR be harmed by it.
- Bounded = no freedom to move anywhere; no reasonable means of escape.
(In)Sufficient methods of confinement:
Suff: physical barriers; physical force directed against P, immediate fam, or personal prop; direct threats of force; indirect or implied threats of force; failure to release P when under legal duty to; invalid use of legal authority
Insuff: moral pressure; future threats
IIED
Extreme & outrageous conduct; intent OR recklessness; causation; damages (severe emotional distress).
Extreme & Outrageous Conduct
Transcends all bounds of decency.
Conduct may become outrageous IF: it’s continuous in nature; directed toward certain P (children, elderly, pregnant woman); supersensitive adults whose sensitivity D is aware of; or committed by certain d (common carrier or innkeeper).
IIED Damages
ACTUAL damages ARE required. Not nominal.
Proof of physical injury NOT required.
More outrageous the conduct…less proof of damages is required!
IIED - bystander claim
P may recover by showing prima facie case for IIED OR P was present when injury occurred; is a close relative of injured party; and D knew P was present & close relative.
TTL
Physical invasion of P’s real property.
- Invasion may be by person or object.
- Real prop includes surface; airspace; and subterranean space if P can prove P can make reasonable use of the space
- Only intent to enter property is needed.
- Actual or constructive possessor may bring action
