Intentional Torts Flashcards
What are the seven Intentional Torts?
Assault, Battery, False Imprisonment, IIED, Trespass to Land , Trespass to Chattel, Conversion
What are the four Intentional Torts to Persons?
Assault, Battery, False Imprisonment, IIED
What are the three Intentional Torts to Property?
Trespass to Land, Trespass to Chattel, Conversion
With regard to intent, what is the difference between Intentional Torts to Persons and Intentional Torts to Property?
Intent for persons is a desire to cause the result (or knowledge with substantial certainty that the result will occur). Intent for property is a desire to do the act (or knowledge with substantial certainty that the act will occur).
Assuming the requisite intent, are Minors, Insane persons and Intoxicated persons liable for their intentional torts?
Yes
Mistaken persons are liable for their intentional torts because:
They are usually mistaken as to a non-essential element.
What is the Transferred Intent doctrine?
The requisite intent can be transferred from one plaintiff to another and from one intentional tort to another.
What five Torts qualify for Transferred Intent?
Tort intended and tort committed must be: 1) Assault 2) Battery 3) False Imprisonment 4)Trespass to Land 5) Trespass to Chattel
What two Torts do not qualify for transferred intent?
1) IIED 2) Conversion
Please insert the three variations to this sentence regarding transferred intent - “When a defendant intends to commit one tort but instead______…the intent will transfer.”
1) commits a different tort against the same person 2) commits the same tort against a different person 3) commits a different tort against a different person
What causation is required for Intentional Torts?
Basic “but-for” actual cause
What three Intentional Torts do not require actual damages?
Battery, Assault, False Imprisonment
What is a Battery?
An act by defendant that intentionally causes a harmful or offensive contact with plaintiff’s person.
What is Assault?
An act by defendant that intentional causes reasonable apprehension in plaintiff of immediately receiving a battery.
What is False Imprisonment?
An act by defendant that intentionally causes the plaintiff to be confined to a bounded area.
What is Intentional Infliction of Emotional Distress (IIED)?
Extreme and outrageous conduct by defendant that intentionally (or recklessly) causes severe emotional distress in plaintiff.
What is Trespass to Land?
An intentional act by defendant that causes a physical invasion of plaintiff’s land.
What is Trespass to Chattel?
An intentional act by defendant that causes an interference with plaintiff’s possessory interest in chattel.
What is Conversion?
An intentional act by defendant that causes an interference with plaintiff’s possessory interest in chattel so severe as to warrant a forced sale.
For Battery, what must the defendant intend?
To cause a harmful or offensive contact with plaintiff’s person.
For Battery, what constitutes a plaintiff’s person?
Plaintiff’s physical body, clothing, or anything closely connected to plaintiff.
For Battery, what causation is required?
Actual cause
For Battery, how is “harmful or offensive” judged?
Reasonable person standard
For Assault, what must the defendant intend?
To cause apprehension
For Assault, what causation is required?
Actual cause
For Assault, how is “reasonable apprehension” judged?
Reasonable person standard
Must the “apprehension” required for Assault be so severe as to create fear in plaintiff?
No, the plaintiff need only have the reasonable expectation that an immediate battery will occur. If fear is present, fear certainly constitutes apprehension.
For Assault, is an “apparent ability” to cause battery all that is required?
Yes
Are words alone sufficient for Assault?
No
For Assault, must words always be coupled with action?
Yes
For Assault, must the apprehension be of an immediate battery (not future)?
Only apprehension of an immediate battery, never a future battery, will suffice.
For False Imprisonment, what must the defendant intend?
To confine plaintiff to a bounded area
For False Imprisonment, what causation is required?
Actual cause
What are the five conditions that create “confinement”?
1) physical barriers 2) physical force 3) threats of force 4) failure to release 5) invalid use of legal authority
For False Imprisonment, what must the “time of confinement” equate to?
Only an appreciable time
For False Imprisonment, the plaintiff must be aware of the confinement unless:
The plaintiff is injured by the confinement
For False Imprisonment, is moral pressure and/or future threats sufficient?
No
For False Imprisonment, what two conditions create a “bounded area”?
1) Movement restrained in all directions, with 2) no reasonable means of escape
For IIED, what must the defendant intend?
To cause severe emotional distress
For IIED, if the defendant did not intend to cause severe emotional distress (but) was aware of the risk of severe emotional distress, is this sufficient?
Yes
For IIED, what causation is required?
Actual cause
For IIED, what “conduct” is required?
Extreme and outrageous conduct. Conduct that transcends all bounds of decency.
For IIED, conduct that is short of “extreme and outrageous” may still be sufficient under what three conditions?
1) it is continuous in nature 2) it is directed toward a particular type plaintiff, or 3) it is committed by a particular type of defendant
For IIED, what particular type of plaintiff may be especially susceptible to IIED (and) protected when conduct is “short” of extreme and outrageous?
Children, elderly persons, pregnant women, and those with supersensitivities (if supersensitivity is known to defendant).
For IIED, what type of defendant is held to a higher standard of care so that, even if conduct is “short” of extreme and outrageous, the plaintiff may be protected?
Common Carriers and Inn Keepers
Does IIED require actual damages?
Yes
Are nominal damages sufficient for IIED?
No. Nominal damages are not sufficient for IIED.
Under Third Party IIED, what three elements are necessary?
1) Plaintiff and victim must be closely related 2) plaintiff must be present at the scene, and 3) defendant knows both (1) and (2)
For Trespass to Land, what must the defendant intend?
The act that causes entry to land
For Trespass to Land, what causation is required?
Actual cause
For Trespass to Land, what three conditions may constitute a “physical invasion”?
1) Direct invasion by defendant 2) Indirect invasion by defendant 3) failure to leave or remove
For Trespass to Land, “land” would include what space?
All reasonably usable space, including air space and underground space.
For Trespass to Land, is ownership is required?
No, only Right to Possession
For Trespass to Land, are damages inferred?
Yes
For Trespass to Land, are all other provable damages recoverable?
Yes
For Trespass to Chattel, what must the defendant intend?
The act that causes interference with plaintiffs possessory interest in chattel
For Trespass to Chattel, what causation is required?
Actual cause
For Trespass to Chattel, what two conditions constitute “interference”?
1) Intermeddling (damage to chattel) 2) Dispossession
For Trespass to Chattel, is ownership of chattel required?
No, only Right to Possession
For Trespass to Chattel, what is “Chattel”?
All tangible property (or intangible property reduced to tangible form).
Are damages inferred in Trespass to Chattel?
No
Must actual damages be proven in Trespass to Chattel?
Yes
Within Trespass to Chattel, will loss of possession be considered actual harm?
Yes
For Conversion, what must the defendant intend?
The act that causes interference with plaintiffs possessory interest in chattel
For Conversion, what causation is required?
Actual cause
For Conversion, what two conditions constitute “severe interference”?
1) Destruction (or severe damage or material alteration to chattel) 2) Dispossession
For Conversion, what four elements constitute “dispossession”?
Wrongful 1) acquisition 2) detention 3) misuse, or 4) transfer
For Conversion, is ownership of chattel required?
No, only Right to Possession
What two remedies are available under Conversion?
1) Damages (fair market value at the time of conversion) 2) Return of chattel by replevin (unlike other forms of legal recovery, replevin seeks the return of the actual thing itself, as opposed to money damages).
What are the nine defenses to intentional torts?
1) Consent 2) Self-Defense 3) Defense of Others 4) Defense of Property 5) Recovery of Property 6) Shopkeepers Privilege 7) Authority of Law (privilege of arrest) 8) Necessity 9) Discipline
What are the two types of Consent?
Express and Implied
What are the two types of implied consent?
1) Implied-in-fact 2) Implied-in-Law
What is Implied-in-fact consent?
When a reasonable person would have inferred consent from custom and usage or from plaintiff’s conduct
What is Implied-in-law consent?
Action necessary to save plaintiff’s life
What are the five conditions necessary to constitute implied-in-law consent?
1) Plaintiff is injured, unconscious or unable to grant consent 2) there is no close relative to give consent for plaintiff 3) an immediate decision is necessary 4) there is no reason why plaintiff would not have given consent 5) a reasonable person in plaintiffs position would have given consent
For Consent, must a plaintiff possess the capacity to consent?
Yes
What three groups do not possess the capacity to consent?
1) Mentally incompetents 2) intoxicated persons 3) very young children
Consent by fraud or duress is:
Invalid consent
Can one consent to a serious crime?
No
Will the defendant be liable if consent was given but the defendant exceeds the scope of that consent (or does something substantially different)?
Yes
What is Self-Defense?
When a defendant (reasonably) believes that a tort is about to happen to his person, he may use reasonable force to prevent such harm.
Under Self-Defense, “reasonable belief” can also be stated as:
Apparent necessity
Is reasonable mistake allowed within Self-Defense?
Yes
Is retaliation ever allowed within Self-Defense?
No
Is there a duty to retreat under Self-Defense?
No
If Self-Defense available to the initial aggressor?
No
How much force is allowed under Self-Defense?
Reasonably necessary force to prevent harm
Is there liability for accidental injuries to third parties under Self-Defense?
No
What is Defense of Others?
When a defendant (reasonably) believes that a tort is about to happen to an innocent third party, he may use reasonable force to prevent such harm.
Under Defense of Others, “reasonable belief” can also be stated as:
Apparent necessity
Is reasonable mistake allowed within Defense of Others?
Yes
How much force is allowed under Defense of Others?
Reasonably necessary force to prevent harm
What is Defense of Property?
When a defendant (reasonably) believes that a tort is about to happen to his property, he may use reasonable force to prevent such harm
Is deadly force ever allowed to protect property?
No
Under Defense of Property, must a request to desist precede any use of force?
Yes
Within Recovery of Property, is a timely demand required?
Yes
Can property only be recovered from the wrongdoer?
Yes
What are the the three conditions around Entry on Land to Remove Chattel?
Entry 1) on wrongdoers land 2) on land of innocent party 3) on land through owners fault
Under Entry on Land to Remove Chattel - On Wrongdoer’s Property, the owner is privileged to enter the land and reclaim the chattel at a reasonable time and in a reasonable manner, after first making:
A demand for the return of the chattel
Under Entry on Land to Remove Chattel - On Land of Innocent Party - the owner is privileged to enter the land and reclaim the chattel at a reasonable time and in a peaceful manner, when the land owner has:
Been given notice of the presence of the chattel and refuses to return it. (Owner will be liable for any actual damage caused by entry).
Under Entry on Land to Remove Chattel - On Land Through Owner’s Fault - there is no privilege to enter the land (and) the owner may recover the chattel only:
Through the legal process.
What force may be used to recapture chattel?
Reasonable force but not force sufficient to cause serious bodily harm or death.
What are the five conditions that give rise to the Shopkeeper’s Privilege?
When there is 1) Reasonable belief a theft has occurred 2) Reasonable belief that the person detained committed the theft 3) reasonable force was used to detain the person 4) detainment was for a reasonable time, and 5) a reasonable investigation was conducted
Under Shopkeeper’s Privilege, does “reasonable force to detain” ever include deadly force?
No
Under Shopkeeper’s Privilege, what constitutes a reasonable time of detainment?
15-20 minutes, 30 minutes at most
What is the “balance test” as it pertains to Necessity?
Balance the reasonably anticipated harm with the actual harm
What are the two types of Necessity?
Public and Private
What is Public Necessity?
Where the act is for the public good
Under Public Necessity, is the actor liable for any injury he causes?
No
What is Private Necessity?
Where the act is for the benefit of individual persons (or their property) from destruction or serious injury
Within Private Necessity, the actor is privileged (but) must the actor still pay for any injury he causes?
Yes
What three conditions exist under Authority of Law - Privilege of Arrest?
1) Arrest with warrant by police officer 2) Arrest without warrant 3) Past felony
Under Arrest with Warrant by Police Officer, what three elements (as they relate to the warrant) must be present?
1) Warrant must be valid 2) person arrested must be named on warrant 3) proper procedure must be used in the arrest
Under Arrest Without Warrant, if there is a current felony or breach of peace, a police officer or private citizen may make a warrantless arrest if the current felony or breach of peace is being committed in his presence or:
He reasonably believes it is about to occur in his presence.
Under Past Felony - Police Officer, a police officer may make a warrantless arrest if he reasonably believes that a felony was committed (and) he reasonable believes that the person he’s arresting:
Committed the felony
Under Past Felony - Private Citizen, a private citizen can only arrest if the felony has (in fact) been committed and he has reasonable belief that the person he’s arresting :
Committed the felony
Under Discipline, a parent or teacher may use reasonable force in:
Disciplining children
