Intentional Torts Flashcards
What are elements of prima facie case of intentional tort?
1) Act by D:volitional movement by D
2) Intent: D desired to produce legally forbidden consequence (including transferred intent)
3) Causation: satisfied if D’s conduct was a substantial factor in bringing about the injury
When does transferred intent doctrine apply?
tort intended and resulting tort must both be listed: assault battery false imprisonment trespass to land trespass to chattel
Are there any incapacity defenses in intentional torts?
No
What are elements of battery?
1) D must commit a harmful or offensive contact: judged by reasonable person standards
2) Contact must be with P’s person (or anything P is connected to)
3) Intent
4) Causation
Note: damages not required
What are elements of assault?
1) act by D creating reasonable apprehension in P (not necessarily fear; rather, expectation, knowledge or reason to believe a battery may come to pass–aka if D has apparent ability to commit battery)
2) of immediate harmful or offensive contact to P’s person/of an immediate battery (focus on immediacy and timing; words alone lack immediacy, but words can negate or eliminate immediacy)
3) intent
4) causation
Note: damages not required
What are elements of false imprisonment?
1) D must commit act of restraint (threats can be sufficient; omissions can be sufficient)
2) P must be confined in a bounded area (and P must know of confinement or be harmed by it) (area not bounded if there is a reasonable means of escape–way out cannot be dangerous, disgusting, humiliating, or hidden)
3) intent
4) causation
Note: damages not required
What are elements of intentional infliction of emotional distress?
1) D must engage in outrageous conduct (outrageous “when it exceeds all bounds of decency tolerated in a civilized society”) (mere insults not outrageous; not outrageous if exercising first amendment rights) (hallmarks of outrageousness: conduct that is repetitive or continuous; if D is common carrier or innkeeper and violates duty of courtesy; if P is a member of fragile class of persons) (outrageous to target someone’s emotional Achilles heel)
2) either intentionally or recklessly
3) causation
4) P must suffer severe emotional distress
Note: DAMAGES REQUIRED (only intentional tort requiring damages)
If bystander, P must have been present, P must have been close relative to injured person, and D must have known P was present and close relative
What are elements of trespass to land?
1) D must commit an act of physical invasion of P’s real property (enters land on foot or throws or propels something on to P’s land) (what is projected must be tangible)
2) intent (D need intend only to enter onto that piece of land; D need not know that the land belonged to another)
3) act must interfere with P’s exclusive possession of land (cause of action belongs to person in possession, not necessarily the owner) (considered an interference if you penetrate air above or soil below, to a reasonable distance)
4) causation
What are causes of action for interference with personal property?
1) trespass to chattels
2) conversion
What elements of trespass to chattels?
1) D commits an act that interferes with P’s right of possession in a chattel
2) intent
3) causation
4) damages (actual; not necessarily to chattel but at least to a possessory right)
Note: appropriate cause of action if amount of interference is relatively modest
Note: mistake as to ownership won’t insulate you from liability
Note: anyone with possession or immediate right to possession can bring this cause of action
What are elements of conversion?
1) D commits an act that interferes with P’s righto of possession in a chattel
2) interference is so serious that it warrants requiring D to pay chattel’s full value
3) intent (mere intent to perform act)
4) causation
Note: operates as forced sale
Note: mistake as to ownership won’t insulate you from liability
What are defenses to intentional torts?
1) Consent (express or implied)–defense to all seven intentional torts; children can consent to age-appropriate issues; people cannot consent to a criminal act
- implied consent: based on customary practice or consent based on D’s reasonable interpretation of P’s objective conduct
- liable if you exceed scope of consent
- capacity required for affirmative defense
2) protective privileges (self-defense, defense of others, defense of property)
3) defense of necessity (defense only for trespass to land, trespass to chattels, conversion)
What is standard for all three defenses of protective privileges?
1) proper timing: D must be responding to a threat which is in progress or is imminent, not to an already committed tort
2) need reasonable belief that threat is genuine (reasonable mistake still falls under defense too)
3) allowed to use only the force necessary to respond to the threat (rule of proportionality)
Note: never allowed to use deadly force to defend property
Note: in multistate, can use deadly force if threat is deadly or you have reason to believe it is
Note: IN NY, you are not allowed to use deadly force if there is the possibility of retreat BUT no duty of retreat if you are in your own home or you cannot retreat safely or if you are a cop/assisting a cop
What are elements/types of defense of necessity?
1) public necessity: when D commits a property tort in an emergency to protect the community as a whole or a significant group of people
2) private necessity: D commits a property tort in an emergency to protect an interest of his own (this is a limited defense: D remains liable for compensatory damages but is not liable for nominal or punitive damages; as long as emergency continues, D has right to remain on P’s property in position of safety…aka right of sanctuary)
What’s prima facie intentional tort in NY?
Intentional infliction of pecuniary harm without justification.
Requires intent to do harm and proof of special damages (pecuniary loss)
