Intentional Torts for the Bar Flashcards
Intentional Torts
Battery Assault False Imprisonment Intentional Infliction of Emotional Distress Trespass to Land Trespass to Chattels Conversion
Battery elements and considerations
(1) Act
(2) Intent - to cause contact that is H/O
(3) Causation of H/O contact.
- Hypersensitivity not a factor
- P need not be aware
- Contact may be direct or indirect
- Damages not required
Assault elements and considerations
(1) Act
(2) Intent to cause apprehension of an immediate battery
(3) Causes reasonable apprehension.
- Apprehension = awareness not fear
- ability to batter is irrelevant
- Must have words + conduct - words alone not enough and can negate conduct
- damages not required
False Imprisonment elements
(1) Act or omission that confines or restrains to bounded area
(2) Intent to confine
(3) Causes confinement
False Imprisonment - confinement
Suffient Methods (1) physical barriers, (2) physical force (self, family, property), (3) Direct threat of force, (4) indirect threat of force, (5) Failure to provide means of escape, (6) Invalid use of legal authority *Note: No need to resist, Time of confinement is immaterial, must be aware or injured, must be confined, not inconvenienced, no damage requirement
IIED Elements
(1) and act that is extreme and outrageous
(2) intent to cuase severe emotional distress
(3) Causation
(4) Damages - severe emotional distress
IIED -Extreme or outrageous conduct
Outrageous conduct is conduct that transcends all bounds of decency tolerated by society. Examples:
1. Extreme business conduct (collection), 2. misuse of authority, 2 offensive language does NOT qualify unless special relationship and P has sensitivities of which D is aware
NOTE normally non-outrageous conduct can be outrageous, i.e. continous, very old or young.
IED Special relationship situations
- Common carrier and Innkeeper - special duty to THEIR patrons
- Known sensitivity - if D knows P is particularly sensitive or directed to the very young or old.
Self-defense
1) Reasonable belief of an imminent battery
2) Uses force that is reasonably necessary to defend against the pending injury.
Note: Retaliation not allowed, retreat not necessary, not available to aggressor, if bystander accidently injured defense extends.
IIED Bystander Rule
When P causes physical harm to third person P has a relationship with and this results in IIED to plaintiff, P must show (1) P was present when injury occurred to 3rd person, (2) P was close relative and (3) D knew P was present and relative
**Note, if P can show D had design or purpose to cause him IIED, he need not show relationship or presence.
IIED special category
Mishandling corpse
Trespass to land considerations
D need not go onto land, some physical object is ok.
Covers reasonable distance up and down from surface.
Trespass to Chattels considerations
Two types of damage: physical or dispossession
Some damage is trespass (total damage is conversion)
Conversion Considerations
Two types of damage - physical or dispossession
Defenses to Intentional Torts (C - SDD - RR - PND)
(1) Consent, (2) Self-Defense, (3) Defense of others, (4) Defense of property, (5) Reentry onto land, (6) Recapture of chattels, (7) Privilege of arrest, (8) Necessity, (9) Discipline
Defense of Consent
Three step analysis: (1) Capacity required, (2) Express (words) or implied (custom and usage and/or P conduct), and (3) Did D stay w/in bounds. **If express look for MFC (Mistake - ok unless D knows) (Fraud - not a defense if essential vs. a collateral matter) (Coercion - not valid if present durress, future does not count) - remember cannot consent to a criminal act. - also remember, consent can be implied by emergency
Defense of Others
Can use when (1) reasonable belief other party would have self-defense available as a defense and (2) may use same amount of force as you would in self-defense situation.
Defense of property
Can use to: (1) prevent commission of tort against own property (2) request to desist usually required (3) Mistake is ok if it relates to whether intrusion has occurred or whether request to desist was required (4) Mistake is NOT ok if force used against someone with privilege (unless they didn’t tell you about the privilege) (5) reasonable force does NOT include bodily harm.
Recapture of Chattels
Can use (1) when in hot pursuit to recapture from theft - timely demand required and can only recover from the wrongdoer (2) reasonable force does not include bodily harm.
Reentry to Land to recapture chattel
Can use (1) when chattel on wrondoer’s land and reclaiming w/in a reasonable time and matter (2) same for innocent party who has chattel on his land (3) cannot reenter if chattel is on wrongdoers land due to owner’s fault.
Privilege of Arrest
Can use (1) Invasion of land is ok if privilage exists - felony ok, misdemeanor only for breach of peace committed in presence - to prevent crime ok for police and private citizen (2) may be liable for subsequent wrong conduct (3) may be liable for mistake (4) force must be reasonable, can only use deadly force for felony and only if responding to like force.
Shopkeeper’s privilege
Under the shopkeeper’s privilege, a merchant may detain people for investigation for a reasonable time in a reasonable manner if he reasonably beleives a theft has been committed.
Necessity - Private
Under private necessity, a person may interfere with the property of another where such is necessary to avoid a greater personal harm.
Note, liable for actual damages, but not a tortfeaser.
Necessity - Public
This is an absolute privilege, no liability for damages. Act must be for public good.
