Intentional Torts - Claims Flashcards
There are no _______ defenses to intentional torts.
Incapacity.
In tort law, hypersensitivities and eccentricities should be
Ignored.
The 7 Main Tort Claims Are:
1) Battery; 2) Assault; 3) False Imprisonment; 4) Intentional Infliction of Emotional Distress; 5) Trespass of Land; 6) Trespass of Chattels; 7) Conversion
The elements of a Battery claim are:
1) Defendant must commit harmful OR offensive(unpermitted) contact;
2) The contact must be with the plaintiff’s person.
The elements of an Assault claim are:
1) The Defendant must place plaintiff in reasonable apprehension(knowledge) AND;
2) The apprehension must relate to an immediate battery.
Words alone are not enough to establish
a claim of Assault.
The elements of a False Imprisonment claim are:
1) Defendant must commit an act of restraint and;
2) Plaintiff must be confined in a bounded area.
An area is not bounded if there is a REASONABLE means of escape, reasonably discoverable. This would not include
means of escape that are dangerous, disgusting, humiliating, or hidden.
What is the time limit for an act of restraint?
There is no time limit. 30 seconds is enough to establish a claim, though it will greatly affect damage rewards.
Can an omission be an act of restraint?
Yes, if the defendant owed the plaintiff a duty a pre-existing duty, the ignorance of which resulted in the plaintiff’s restraint.
The elements of a claim for Intentional Infliction of Emotional Distress are:
1) Defendant must engage in outrageous conduct;
2) The plaintiff must suffer severe distress.
Conduct is considered outrageous if
“it exceeds all bounds of decency tolerated in a civilized society.”
Factors that may exaggerate behavior to a level of outrageousness are:
1) Continuous/Repetitive Conduct;
2) If plaintiff is a member of a fragile class (children, elderly, pregnant women);
3) If defendant is aware of, and attacks, a known weakness of the plaintiff (button-pushing)
4) Defendant is a hotel/common carrier.
How may a plaintiff demonstrate severe distress?
Any way they like, even if they simply testify “I am/was severely distressed.”
The elements of a claim for trespass of land are:
1) Defendant must commit an act of physical invasion;
2) Of land
Must the defendant be aware that they are on another’s property?
No! Good faith/honest mistakes will still give rise to liability for trespass.
The claim for Trespass to Chattel/Conversion requires:
The defendant intentionally interfered with the personal property of another.
The distinction between Trespass to Chattel and Conversion is
the degree of interference and the remedy. If the interference is minor, Trespass to Chattel will apply and the defendant will be liable for repair. If interference is major/total, the remedy is replacement, not repair, under Conversion liability.
Conversion is also known as
a “forced sale.” You broke it - on purpose - you bought it.
