Intentional Torts Flashcards
What are the Intentional Torts where transferred intent applies?
- Assault
- Battery
- False Imprisonment
- Trespass to Land
- Trespass to Chattels
3 Intentional Torts Requiring Damages
- IIED
- Trespass to Chattels
- Conversion
Assault
An act intended to cause reasonable apprehension (expectation) of imminent contact.
Battery
An act intended to cause harmful or offensive contact to the plaintiff or person
Nominal Damages
Damages found where no actual harm occurs ($1)
Act in Concert
Joint and Several liability imposed
Res Ipsa Loquitur
- Defendant must have exclusive control of instrumentality (not applied in multiple D. situations where more than one D. is at fault)
False Imprisonment
Act by d. intended to confine p. within fixed boundaries.
- Plaintiff must be conscience of confinement or harmed by it
- Length of confinement is irrelevant
IIED
- An extreme and outrageous (conduct beyond the bounds of common decency) act intended to cause severe emotional distress.
- Damages required (not necessarily physical harm)
Private Necessity Defense
Right to interfere with the property of another where reasonably necessary to avert harm.
- Qualified for trespass (no liability)
- Liable for any damage caused
Conversion
Act of dominion and control intended to cause serious interference with the (tangible/promissory note, stock certificate) property of another. Result: Full FMV at time of conversion. Mistake is not a defense.
Intentional Misrepresentation
- Misrepresentation by the Defendant
- Scienter
- Intent to induce Plaintiff’s reliance on the misrepresentation
- Causation (actual reliance on the misrepresentation)
- Justifiable reliance on the misrepresentation
- Damages
Scienter
Defendant makes statement knowing it to be false or with reckless disregard as to its truth or falsity.
Torts Approach
Identify the Cause of action
Nuisance
D’s activity has SUBSTANTIALLY and UNREASONABLY interfered w/ P’s use and enjoyment of his property
