INTENTIONAL TORTS AND DEFENSES Flashcards
Battery (2)
- D caused harmful or offensive contact
(normal sensitivity) - with the P’s person
(includes anything in hand or connected to person– purse, briefcase)
- need not be instantaneous
ex. poison someone sandwich at lunch, sick later
Assault (2)
- D must place the P in a reasonable apprehension (P see it coming)
- The apprehension must be of an immediate battery (apparent ability)
- no fear requirement
- “unloaded gun problem”
False Imprisonment (2)
- D must commit an act of restraint
- P must be confined in a bounded area
- threats of restraint are sufficient
ex. “if you leave this room in the next 30 min, I will shoot…” - omission or failure to act can be an act of restraint if there was a pre existing duty
ex. woman in wheelchair, bring her on the plane…nobody brings her off - act of restraint only counts if P KNOWS OF IT or is HARMED BY IT
ex. lock sleeping person in room, and unlock before they wake
Intentional Infliction of Emotional Distress
reckless or intentional will suffice for this tort only
- D engages in outrageous conduct (exceeds all bounds of decency tolerate in civilized society)
- P suffers “severe emotional distress”
-continuous/repetitive conduct may suffice
-D common carrier or an innkeeper
(amtrak, hyatt)
-P is a member of a fragile class of persons
• Little children
• Elderly
• Pregnant women
• Need to know pregnant
-D prior knowledge of emotional sensitivity and targets it
Trespass to Land (2)
- D must commit an act of physical invasion
- That must be OF LAND
- no awareness necessary but INTENT
- throw/project onto (must be tangible)
- not limited to surface of property
ex. child throws ball through air of your backyard, trespass but NOMINAL DAMAGES
Trespass to Chattel
and
Conversion
- intentional interference with personal property
- damage or steal item (deprive of possession)
- IF SLIGHT HARM→ Trespass to chattels
- IF SIGNIFICANT HARM→ Conversion
-Conversion remedy→ FULL VALUE OF ITEM
Trespass to chattel remedy→ COST OF REPAIR
MISTAKE OVER OWNERSHIP NO DEFENSE
Affirmative Defenses to intentional torts (apply to all 7) (3)
- consent
- protective privileges
- necessity
Consent (intentional torts)
- capacity
- children not entirely disabled from consent
ex. Two 10 yr old boys agree to wrestle - EXPRESS → (except fraud or duress)
- IMPLIED→ “custom”, “body language consent”
MUST NOT EXCEED SCOPE OF CONSENT
Protective Privileges (intentional torts) (3)((FLORIDA))
- self
- others
- property
((FLORIDA IN LINE WITH DEFENSIVE RULES))
-D responding to a threat, REAS BELIEF
(reasonable mistake will not destroy privilege)
-IN PROGRESS or IMMINENT
(No future acts, cannot be already completed)
-REASONABLE BELIEF threat is genuine
-Merchant has right to detain under reasonable circumstances
-NO EXCESSIVE FORCE (proportionality)
-if DEADLY THREAT = may use DEADLY FORCE
-No duty to retreat!
Necessity (intentional torts) (3)
- trespass to chattel
- trespass to land
- conversion
Public Necessity (intentional torts)
- D commits a property tort in an emergency to the community as a whole
* ABSOLUTE DEFENSE, NO LIABILITY
Private Necessity (intentional torts)
- D commits property tort to protect OWN interest
- D remains liable for COMPENSATORY DAMAGES (pay for actual harm commited)
- No liability for NOMINAL or PUNITIVE DAMAGES
- As long as emergency continues, property owner must ALLOW D to remain on land in a position of safety (cannot throw them off land)
Ex. 1- hiker takes refuge in farmers house, breaks window→ PAYS
Ex. 2- hiker takes refuge through unlocked door, leaves in AM→ NO LIABILITY
Ex. 3- hiker takes refuge through unlocked door, makes sandwich, farmer wakes up and shows him off property back into blizzard→ FARMER LIABLE
Protective Privileges ((FLORIDA)) (presumption)
RETREAT NOT NECESSARY
Presumed to have a reasonable fear of death and can respond with deadly force if someone has:
(i) unlawfully entered your dwelling OR
(ii) entered your car while in it
