Intentional Torts and Affirmative Defenses Flashcards
Battery
1.) Intent: purpose to produce contact or substantial certainty contact will result (chair case)
2.) Harmful or Offensive
-Smoke: offensive
-Gif: harmful
3) Contact: direct or indirect
-Smoke: indirect, smoke has physical properties can touch body = contact
-Gif: indirect, e-transmitted GIF = physical contact
Assault
1.) Intent:
-Gun in holster: shaking hand on gun is intent
2.) Reasonable apprehension:
a.) Subjective: action to show P
was apprehensive
b.) Objective: hypo average
person would also
experience such reaction
-Halloween: not reasonable to be apprehensive of kid in costume
3.) Imminent apprehension “almost at one”
E.g. A threatens to shoot B, leaves room to get gun →Not imminent
-Phone threats: Not imminent; D not close enough to P to inflict physical violence “almost at once”
4) Causation
False imprisonment
1.) intent to detain
-Prisoner: jailer intended to detain
2.) Detention/ confinement: deprivation of liberty
-Stuck in airport: not FI b/c never forced to remain at airport
3.) Detainee conscious/aware they are detained
4.) Causation
**Exception: Shopkeeper’s Privilege: can detain customer to investigate if
(i) reasonable manner
(ii) for reas amount of time
(iii) if employee has reas belief customer has stolen or attempted to steal
-Stolen peanuts: not FI b/c detained for 10-15 min (reasonable) + saw her steal.
Trespass to land
1.) Intentional intrusion upon land of another or causing another or thing to do, without consent or privilege.
1.) simple intent to be at place where trespass occurred
Construction: trespass b/c placed scaffolding, materials and working on P property
Trench (scope of liability): responsible for damage during trespass, regardless if foreseeable or not
Trespass to chattels
1.) Intent dispossess or intermeddle with a chattel
2.) Dispossession OR intermeddling
a.) Intermeddling must harmful or loss or use
for substantial time
b.) Dispossessing: taking w/o consent in a manner
that is destructive (deprive for 1hr)
-Wrench: no TTC b/c no dispossession, intermeddling was harmless, not a substantial amount of time
3.) Causation
-Recover whatever the damage is: reduction in value caused by the interference
Conversion
1.) Intent to exercise dominion or control over the chattel
2.) Exercise or control over chattel
3.) Seriously interferes with plaintiff’s ability to use it (total dispossession)
4.) Causation
-Recover full value
Senator column: No conversion b/c was no serious interference or conversion of the documents
IIED
1.) Intent OR recklessness:
2.) Extreme + Outrageous conduct: “shocks the conscious” atrocious and utterly intolerable to civilized community
Affair childhood friend: no IIED b/c D having a romantic affair with a married woman who is childhood friend’s wife → not extreme/outrageous conduct.
3.) Severe emotional distress (by P): whether a reasonable man can endure
Expert testimony: expert testimony not required, can use other forms of evidence such a physical manifestations of harm, medical bills,
Clinton: no IIED b/c no physical harm, objective symptoms resulted or other action taken to support claim of severe ED a reasonable person could not endure.
4.) Causation
Consent
1.) Permission for certain conduct to occur is granted in express or implied manner
Paper-clip game: consent implied→ is defense
2.) Within scope of consented contact
Football coach: not w/in scope of consent → not defense
3.) No fraud or misrepresentation: If misrepresentation→no consent
STD hidden: fraud →no consent→ not defense
STD, both unaware: No fraud b/c didn’t know about STD → consent is defense
Self-Defense
Force is justified to prevent serious bodily injury to himself threatened by another:
1.) Reasonable belief [force] is necessary
2.) Reasonable force: commensurate with attack
Factor Test:
-character and reputation of attacker
-belligerence of the attacker
- large difference in size and strength between the parties
-over act by the attacker
-threats of serious bodily harm
impossibility of peaceful retreat (of attacked)
-kid shotgun: reasonable
Limited privilege of private necessity
1.) intrusion or invasion (trespasser)
2.) is actually or reasonably appears as necessary to
3.) protect self, someone else or your property
- liable for any damages
Absolute privilege of public necessity
1.) intrusion or invasion (trespasser)
2.) is actually or reasonably appears as necessary
3.) Imminent public disaster/emergency
-not liable for damages
Defense to property
1.) entry/intrusion that is not privileged
2.) reasonable belief force is necessary
3.) request to depart, ignored or likely ignored
4.) cannot use excessive force
**Exception: your life is in danger
Milk barn: not imperiled to justify reasonable belief force is necessary
Spring gun: not justifiable force, unless landowner present
