Intentional Torts and Defenses Flashcards
What must a plaintiff prove to satisfy the intent requirement?
(1) purpose, or (2) knowledge to a substantial certainty
What are the elements of battery?
(1) An intentional act, (2) which brings about physical contact, (3) which is either HARMFUL or OFFENSIVE
What are the elements of assault?
(1) An overt physical act by the defendant, (2) of which the plaintiff is subjectively aware, and which is intended to and does create in the plaintiff (3) a REASONABLE APPREHENSION of an IMMINENT battery
What are the elements of false imprisonment?
(1) The defendant INTENDED to confine the plaintiff, (2) the plaintiff was CONSCIOUS of the confinement or harmed by it, (3) the plaintiff did not CONSENT to the confinement, (4) the confinement was not OTHERWISE PRIVILEGED
Does battery apply if there is no intent to cause harm?
Yes, intent to make contact is sufficient
Does a person commit a battery if they touch another person in a crowded place without being rude, insolent, or angry?
No
Is “mere preparation” or “threats of future action” assault?
No
Does false imprisonment require boundaries fixed by the actor?
Yes
Is a person falsely imprisoned if a reasonable escape exists?
No. If the only escape method is unreasonable, the plaintiff is in fact false imprisoned.
Which intentional torts can intent transfer between?
Battery, assault, false imprisonment, trespass to land, and trespass to chattels
Is insanity a valid defense to intentional torts?
No
Is a “good faith mistake” a defense to intentional torts?
No
Is “intent to make contact” sufficient for the intent requirement of battery?
Yes
Is defendant’s refusal to allow a plaintiff inside somewhere “false imprisonment?”
No
To be “conscious of confinement” for purposes of false imprisonment, must a plaintiff recall the imprisonment afterward?
Not necessarily, the plaintiff must have been aware of the confinement at the time it occurred, but does not necessarily need to remember it after the fact
Is persuasion to stay in a confined space false imprisonment?
No, even if the persuasion is particularly strong or threatening
What are the elements of Intentional Infliction of Emotional Distress? (IIED)
(1) The conduct must be intentional or reckless, (2) The conduct must be extreme and outrageous, (3) there must be a causal connection between the wrongful conduct and the distress, (4) the emotional distress must be severe
Does transferred intent apply to IIED?
No
How is “extreme conduct” defined for IIED?
“Conduct exceeding all bounds usually tolerated by decent society”
What are the elements for Trespass to Land?
(1) An intentional act (2) which causes (3) the physical and unprivileged (4) intrusion of the real property of another
Is a mistaken belief that one is not trespassing a defense to trespass to land?
No
What are 3 ways one can “intrude” for the purposes of trespass to land?
(a) enter the land, (b) cause another person or object to enter the land, or (c) fail to remove an object or themselves from land after privilege to remain there has expired
What are the elements of Trespass to Chattels?
(1) Intentionally intermeddle with a chattel of another, (2) (a) chattel condition quality or value is impaired, OR (b) possessor of chattel is deprived of usage for a substantial length of time, OR (c) bodily harm caused to possessor or to some person or thing possessor has a legally protected interest in
Must there be actual damage for a trespass to chattels claim?
Yes, simply intermeddling only satisfies the first element
What are the elements of conversion?
(1) Intentional exercise of (2) dominion or control over a chattel (3) which so seriously interferes with the right of the owner to control it that (4) the actor may be required to pay the owner the FULL VALUE of the chattel
What are the privileges to intentional torts?
Consent, Self-Defense, Defense of others, Defense of Property, Recovery of Property, Necessity, Authority of Law, Discipline, and Justification
Define consent as a privilege in intentional torts
A plaintiff that provides permission to the defendant to commit the otherwise tortious act
Define self defense as a privilege in intentional torts
Anyone is privileged to use reasonable force to defend himself against a threatened battery on the part of another
Define defense of others
Defendant can use reasonable force to protect others from battery
Define Defense of Property
One is privileged to protect their land in a reasonable manner (must reflect the situation)
What is the important part of recovery of property as a privilege?
Reasonable force and must be a “FRESH PURSUIT” (such as at a store)
What is the difference between public and private necessity?
Public necessity is utilized by a public official to protect the greater public. Some jurisdictions provide compensation for damage. Private necessity is for individuals, but individuals are usually still liable for damage they cause.
When should justification be used as a privilege?
As a last resort, and none of the other defenses really fit
