Intentional Torts and Defenses Flashcards
1
Q
Battery
A
- Harmful or offensive contact (objective standard)
- To person of another (or anything connected to it)
- Causation (direct or indirect)
- D’s intent (transferred intent applies)
2
Q
Assault
A
Act or threat by D intended to cause apprehension of imminent harm or offensive contact
- Conduct or other circumstances (mere words not enough)
- P must have rsnbl apprehension & awareness of D’s act or
- Imminent threat of harm
- Intent (includes transferred intent)
3
Q
IIED
A
- Intent (not transferred) or recklessness
- Extreme and outrageous conduct by D (beyond human decency, outrageous)
- 3rd party liability (distresses member of victim’s immediate family—with or without resulting bodily injury—or other bystander resulting in bodily injury)
- Causation (substantial-factor test)
- Damages - severe emotional distress (beyond reasonable person’s endurance or D knows of plaintiff’s heightened sensitivity)
***Only intentional tort that requires damages
*** Fallback position
4
Q
False Imprisonment
A
- Intent to confine or restrain another within bounded area (no reasonable means of safe escape); confinement; victim is conscious of confinement or harmed by it
• Methods of confinement (physical barriers or force invalid use of legal authority, duress, failure to provide means of escape) ( Future Threats are not enough, mere inconvenience is not enough) - Time - immaterial
- Intent - purposeful act or knowing confinement is substantially certain to result
- Damages - not necessary. Punitive damages if confinement was malicious
5
Q
Trespass to Land
A
- INTENT to enter land or cause physical invasion (not intent to trespass; transferred intent applies)
- Physical invasion of property
- Damages - actual damages not required - Occur upon trespass
6
Q
Conversion
A
- Intentional act (must only intend to commit the act that interferes)
- Interference with P’s right of possession (exercising dominion or control - don’t have to be owner)
- So serious (based on duration/extent, intent to assert a right, D’s good faith, extent of harm and P’s inconvenience) that it deprives P of the use of chattel
- Damages (full value of property or replevin)
7
Q
Trespass to Chattels
A
- Intl interference with P’s right of possession by either:
• Dispossessing or
• Using or intermeddling with P’s chattel - Only intent to do the act is necessary - transferred intent applies
- Mistake is not a defense
- Damages (actual amount or loss of use)
- Remedy (compensation: diminished value or repair cost)
8
Q
Defenses to Intentional Torts
A
A. Consent B. Self-Defense C. Defense of Others D. Defense of Property E. Parental Discipline F. Privilege of Arrest
9
Q
Defense to Intentional Tort - Consent
A
- Express
- Implied: Should have spoken up & didn’t
- Invalid due to incapacity
10
Q
Defense to Intentional Tort - Self-Defense
A
- Reasonable force - force proportionate to anticipated harm; reasonable mistake does not invalidate defense
- Deadly force - ok only if reasonable belief of serious bodily injury/death
- No duty to retreat (maj) - past trend towards retreating unless in home; recently, many statutes allow “no retreat” any place D might legally be (“stand your ground” statutes)
- Initial aggressors - generally not entitled to claim self-defense, but can use self-defense if escalation
- Not liable for injuries to bystanders - so long as injuries were accidental and actor was not negligent
11
Q
Defense to Intentional Tort - Defense of Others
A
- Reasonable belief other person may use force to defend self
i. Mistake as to 3rd-pty danger ok as long as belief rsnbl - Reasonable force - force proportionate to anticipated harm
12
Q
Defense to Intentional Tort - Privilege of Arrest
A
- Felony
• Private—ok if crime actually committed & reasonable to suspect the person arrested committed it (reasonable mistake as to commission of felony not a defense)
• Police—ok for felonies if reasonable to believe it was committed and to suspect the person arrested (no tort liability for mistake as to commission of felony) - Misdemeanor—only if committed in presence of arresting party (police or private citizen)
13
Q
Necessity as defense to Trespass
A
Private: Qual privilege for ltd number of people to enter land to protect own person/property from harm; not liable for trespass but responsible for actual damages
• Public: Unqualified/absolute privilege to avert imminent public disaster; not liable for damage if actions reasonable or reasonable belief that necessity existed, even if initial entry not necessary
***Necessity only a defense to property torts
14
Q
Defense to Intentional Tort - Parental Discipline
A
- Reasonable force/confinement ok - considering age of child and gravity of behavior
- Educator has same privilege - unless parent restricts
15
Q
Shopkeeper’s Privilege
A
- Shopkeeper reasonably beleives theft has occured
- Privileged to make a detention in a
1. reasonable manner
2. For a reasonable period of time
