Intentional Torts Flashcards
Elements of Intentional Torts
VOLUNTARY ACT - Conscious or willed, as opposed to purely reflexive
INTENT - D either desires to cause harmful result OR knows with substantial certainty it will come about
CAUSATION - D’s act or a force set in motion by D must cause P’s injury
HARM
No applicable privilege or defense.
What is Transferred Intent and when does it apply?
If D acts with necessary intent to inflict certain intentional torts against P, but causes injury to V, then D’s intent is transferred to V.
Only applies to battery, assault, false imprisonment, trespass to land, and trespass to chattels.
Requirements for intentional tort of Battery
D causes harmful or offensive contact with P’s person or something closely connected to P.
INTENT - D must either:
+ Desire to cause immediate harmful or offensive contact
OR
+ Know that such contact is substantially certain to occur
HARMFUL OR OFFENSIVE CONTACT
+ Inflict pain or impairment of any function of the body
+ Offensive to a reasonable person
+ P need not be aware of the contact (unlike assault)
P does not have to prove injury - will get compensatory damages just by showing elements.
Privileges/defenses - Consent
Requirements for intentional tort of Assault
D intentionally causes P to be in reasonable apprehension of an immediate harmful or offensive contact.
INTENT - D must:
+ Act with desire to cause an immediate harmful or offensive contact or the apprehension of such contact
OR
+ Know that such a result is substantially certain to result.
REASONABLE APPREHENSION - objective reasonable person standard.
If the apprehension is reasonable, doesn’t matter whether D could actually carry out the threat (i.e. brandishing unloaded gun)
IMMINENT BATTERY - must be able to occur almost instantly.
Requirements for intentional tort of false imprisonment
D intentionally causes P to be confined in a bounded area against P’s will and P knows of confinement or is injured by it.
INTENT - D desires to confine or restraint P in bounded area OR knows that such confinement is virtually certain to result.
CONFINEMENT IN BOUNDED AREA - physical barriers, threats of force, failing to release P after duty release arises, or the invalid assertion of legal authority.
+ no duration requirement
+ if P KNOWS (actual knowledge) of reasonable (no threat of harm to P or property, can’t expose P to risk of embarrassment) means of escape, no confinement.
AGAINST P’s WILL - Consent is a defense
P IS AWARE OF CONFINEMENT OR INJURED (harm/damages)
Requirements for intentional tort of Intentional Infliction of Emotional Distress
D engages in intentional or reckless act amounting to extreme and outrageous conduct that causes P severe emotional distress.
INTENTIONAL or RECKLESSNESS
+ Intentional = D acts with desire to cause severe emotional distress or knows virtually certain to occur.
+ Recklessness - D acts in conscious disregard of a high degree of probability that emotional distress will follow.
EXTREME + OUTRAGEOUS CONDUCT - Conduct exceeds all bounds tolerated by civilized society.
Offensive/insulting language generally not enough, except when:
+ D = common carrier/innkeeper
+ D knows of P’s particular sensitivity
+ D is authority figure using racial/ethnic slurs against subordinate.
SEVERE EMOTIONAL DISTRESS - P does not have to prove physical injury, but distress must be severe - greater than reasonable person would expect to endure. Must be substantial/long lasting as opposed to trivial/transitory.
Requirements for intentional tort of Trespass to Land
Intentional act that causes invasion of P’s land, interfering with P’s possessory interest in the land.
INTENT
+ D desired to enter land/caused something to enter
OR
+ D knew that land entry was substantially certain to result.
Mistake NOT a defense.
ENTRY
+ D enters/causes someone/something to enter
+ D enters land lawfully but then refuses to leave when required
+ D fails to remove/eject from P’s land when under legal duty to do so.
P’s LAND - Anyone in possession can bring claim (landowner/tenant/adverse possessor)
Requirements for intentional tort of Trespass to Chattels
D integers with P’s chattel, causing damages.
INTENT
+ D intentionally performs physical act that interfere with P’s chattel
+ Liable even though D did not intend to trespass with good faith
+ Mistake NOT a defense.
INTERFERENCE - Uses or borrows without authorization
P’s CHATTEL - P’s personal property
ACTUAL DAMAGES - proof of actual damages. Actual damages to chattel itself not necessary. Actual damages would include value of loss of use of chattel during dispossession or cost to remedy an intermeddling.
Remedies -
Damages: Cost of repair, fair market rental value, potentially punitive damages if D is particularly bad actor.
Replevin - Get back personal property of which one has been wrongfully dispossessed.
Requirements for intentional tort of Conversion
Intentional act by D, where D exercises dominion or control that causes destruction of, or serious and substantial interference with, P’s chattel.
INTENT
+ Mistake no defense - liable even if acting in good faith and no intent.
DOMINION AND CONTROL
DESTRUCTION OR SERIOUS AND SUBSTANTIAL INTERFERENCE - exercise by D of dominion and control over chattel.
More significant than trespass to chattel. Longer period of interference and greater use by D leads to conversion.
Remedies:
+ Forced sale (common) - market value at time converted
+ Replevin - action brought by P to get personal property back.
Defenses and Privileges to Intentional Torts
POPCANS
P - Privilege O - Others (defense of others) P - Property (defense of property) C - Consent A - Authority N - Necessity S - Self-defense
Defense of property defense for intentional torts
Can use reasonable force to defend real or personal property.
May NEVER use deadly force to protect personal or real property.
May use REASONABLE force to eject a trespasser after asking him to leave.
Reasonable, non-deadly force may be used to get back own personal property if person seeking to recapture requests its return first or a request would be futile and D is in hot pursuit.
Consent defense to intentional torts
Usually a defense for battery and assault.
EXPRESS - affirmative communication through words. Limited by reasonability - cannot exceed scope of consent.
IMPLIED - Reasonable person interprets P’s conduct as evidencing permission to act (i.e. playing sports)
Mistake can negate consent when it goes to consequences or nature of the act.
Authority defense to intentional torts
ARREST
+ police officer can arrest if reasonably believes D committed felony
+ police officer can arrest for misdemeanor if D’s action constituted a breach of the peace
+ private person acts at own peril - if wrong, liable for tort.
SHOPKEEPER’S PRIVILEGE
+ Not liable for false imprisonment if had a reasonable suspicion that P stole
+ can detain for reasonable period, in reasonable manner, on the premises/immediate vicinity
Necessity defense to intentional torts
D permitted to injure P’s property if it is reasonably necessary to avoid a substantially greater harm to public, self, or D’s property.
PUBLIC - D acting to protect public at-large from severe harm
PRIVATE - D commits intentional tort to protect self, better tort was committed than risk the consequence.
If reasonable person would believe action taken was necessary to avoid requisite harm, D is privileged even if D made an honest mistake.
[D not liable for technical tort but will have to pay for harm D caused]
Self-Defense defense to intentional torts
D honestly and reasonably believes that she used reasonable force to prevent P from engaging in an imminent and unprivileged attack.
+ D only needs to be reasonable and respond with proportionate force.
+ Deadly force CANNOT be used against non-deadly threat.
