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Torts > Intentional Torts Involving Personal Injury > Flashcards

Intentional Torts Involving Personal Injury Flashcards

1
Q

What are the elements of an intentional Tort?

A
  1. Vol. Act by Defendant
  2. Intent
    • Specific OR
    • General
  3. Causation
  4. Damages
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2
Q

What is a voluntary act?

A

An action that is conscious or willed

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3
Q

What establishes Specific intent for intentional torts?

A

D acts with the specific purpose (goal) of bringing about a particular result

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4
Q

What establishes general intent for Intentional Torts?

A

D acts with knowledge to a substantial cert. that these consequences will result

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5
Q

What is transferred Intent?

A

Intent to commit a specific tort against a specific pers. is transfered to the tort actually committed or to the person actual harmed

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6
Q

What Intentional Torts is Transferred intent applicable to?

A
  1. Battery
  2. Assault
  3. False Imprisonment
  4. Trespass to Chattels
  5. Trespass to Land
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7
Q

What satisfies the causation element in intentional torts?

A

D’s act must be a substantial factor in bringing about plaintiff’s injury

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8
Q

What is the impact of proximate cause on intentional torts?

A

Proximate cause doesn’t factor in because of the extended consequences rule

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9
Q

What is the extended consequences rule?

A

D is resp. for all consequences flowing from an int. tort

  • Whether foreseeable or not
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10
Q

Are children liable for their intentional torts ?

A

Yes, when they have the intent required for the tort

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11
Q

Are parents liable for thier childrens intentional torts?

A

No, parents aren’t directly liable

  • unless directed by statute
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12
Q

What is a battery?

A

Int. infliction of harmful or offensive bodily contact

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13
Q

Battery Elements

A
  1. Intentional Infliction
  2. Bodily Contact
  3. Harmful or offensive contact
  4. to plaintiff’s person
  5. Causation

Actual Damages NOT required - can recover nominal damages & punitive (if acted with malice)

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14
Q

Battery - Intentional Infliction - Specific Intent

A

Specific purpose of inflicting a harmful or offensive contact

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15
Q

Battery - Intentional Infliction - General Intent

A

Knowledge to a subt. cert. that contact will be harmful or offensive

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16
Q

Battery - Contact to the person of another

A

Contact can be direct or indirect

  • Indirect - battery caused by something that was put in motion by the D
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17
Q

Battery- Offensive Contact

A

Reas. Prudent Person Std.

  • Would it offend a reasonable person?
  • Would a reas. pers. consent to the contact?
    • Implied consent for ord. contacts of everyday life that wouldn’t offend a reas. pers.
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18
Q

Battery - Harmful Contact

A

The contact inflicts any physical discomfort to P

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19
Q

Battery - Person of another

A

Includes anything the victim is holding, touching, connected to

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20
Q

What is Assault?

A

Intentional creation of reasonable apprehension of harmful or offensive bodily contact

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21
Q

Assault Elements

A
  1. Intentional Act by Defendant
  2. Reasonable Apprehension of Imminent Battery AND
  3. Causation

Actual damages are not required - P can recover nominal damages & punitive (if D acted with malice)

22
Q

Assault - Specific Intent

A
  1. Intent to create apprehension (intent to commit the assault)
  2. Intent to Make Harmful or Offensive contact (Intent to commit Battery)
23
Q

Assault - Reasonable Apprehension of Imm. Battery

A

Measured by Victims Perspective

  • Apprehension - Knowledge of imminent harmful or offensive contact
    • NOT fear
24
Q

Assault - Words Alone

A

Not enough for an assault b/c words lack immediacy

  • Must be an overt act by the Defendant
25
Q

Assault - Future Threats

A

No imminence so no assault

26
Q

Assault - Conditional Threats

A

Where D threatens harm only if vic. doesnt obey D’s demands

  • Sufficient for assault liability unlesss:
    • D has a legal right to compel the vic. to perf. the action OR
    • Cond. expressly negates the D’s intent to harm the vic.
      • “if you werent a girl I would snap your neck”
27
Q

What is False Imprisonment ?

A

Intentional Infliction of a confinement where the vic. has knowledge of or is harmed by the confinement

28
Q

False Imprisonment Elements

A
  1. Intentional Act or Omission
  2. That confines or restrains P to bounded area
  3. P has knowledge or is harmed by confinement AND
  4. Causation

Actual Damages not required - P can recover nominal or punitive (if acted w/ malice)

29
Q

False Imprisonment - Intent

A
  1. Specific Intent to confine the victim OR
  2. With knowledge to substantial cert. that her actions or inaction will confine the vic
30
Q

False Imprisonment - Confined to bounded area

A

Vic is held within certain limits

  • Bounded Area - P movement confined in all directions & no reas. means of escape known to the vic or that the vic. can reas. discover
  • No time limit - no specific duration of confinement req
    • Any amount of tiem is OK
31
Q

False Imprisonment - When is there never a reasonable means of escape ?

A

If there is any risk of harm to the P, including risk of embarassment

32
Q

Means Sufficient for False Imprisonment

A
  • FI can be carried out by:
    • phys. force,
    • phys. barrier,
    • credible or reas. threat of force,
    • failure to release where there is an affirm. duty to release or
    • invalid assertion of legal Authority.
  • Future Threats or Moral Pressure - Not sufficient acts of restraint
33
Q

False Imprisonment - What is the validity of False Imprisonment claim if the P was not aware that the P was being confined?

A

If the Plantiff is unaware, P can only get damages if they are harmed by the confinement

34
Q

False Imprisonment - What is the validity of claim if the P is aware that the P is being confined?

A

P can get damages regardless of it a harm is suffered

35
Q

What is Intentional Infliction of Emotional Distress ?

A

Intentional or reckless infliction of severe emotional or mental distress by extreme and outrageous conduct

36
Q

IIED - Elements

A
  1. Intentional or Reckless Infliction
  2. Severe Emotional or Mental Distress
  3. By extreme or Outrageous Conduct
  4. Actual Damages AND
  5. Causation
37
Q

IIED - Intent

A
  • Specific Intent - ▵ acts w/ the specific desire to cause emot. distress in the vic. OR
  • Gen. Intent - ▵ knows that severe emot. distress is subst. certain to result from his actions OR
  • D acted in a conscious disregard of high degree of likelihood that emotional distress will be inflicted
38
Q

IIED - Severe Emotion or Mental Distess

A

Vic must actually suffer severe mental or emot. distress

  • Severe - Emot. dist. of such subst. quantity or enduring quality that no reas. pers. in a civilized society should be expected to endure it
39
Q

IIED - Extreme & Outrageous Conduct

A

Conduct that goes beyond all possible bounds of decency so as to be regarded as atrocious & utterly intolerable in a civilized community

  • Would cause an avg. member of the community to immed. react in outrage
40
Q

IIED - When does insulting language qualify for IIED extreme & Outragous Conduct

A
  1. D is an innkeeper or common carrier
  2. D knows of P’s particular susceptibility or
  3. D is in position of auth. & uses racial or ethnic insults against someone who is an underling
41
Q

IIED - Harm to Third Parties

A

∏ can recover for int. inflic. of emot. dist. for harm caused by ▵ to 3d P by either:

  • Bystander who is present at the time of the conduct
    • Defendant is aware of their presences AND
    • The distress results in bodily injury
  • Immed. Family Member & Present When Injury Occurred
42
Q

What are the 3 remedies available for intentional torts?

A
  1. Legal remedies: damages
  2. Equitable remedies: Injunction
  3. Restitution: Prevent unjust enrichment
43
Q

How does mental incompetency impact an intent requirement?

A

The fact that D is mentally incompetent or is a minor

  • Doesn’t preclude a finding that he possessed the intent to commit an intentional tort
  • BUT it may affect whether such intent actually existed
44
Q

Battery - Consent

A

No battery if Plaintiff consented to the act

  • Either express or by participating in an event or situation
45
Q

Battery - Causation

A

Act must in fact result in contact of a harmful or offensive nature

  • D who sets in motion a chain of events that causes contact with P (direct or indirect) is liable
46
Q

Battery - Damages

A

No proof of actual harm required

  • Thin skill Rule - D is not required to foresee the extent of the damages in order to be held liable
47
Q

IIED - What is the effect if the Plaintiff is hypersensitive?

A

No liability unless D knew of the plaintiff’s heightened sensitivity

48
Q

IIED - Extreme & Outragous Conduct

What factors are considered?

A

Factors Considered - Conduct not norm. considered ext. & out. may become so if:

  1. Pattern of Conduct - continuous & repetitive conduct not just an isolated incident
  2. ▵ Owed Vic. Fiduciary Duty (employer/ee)(Doctor-patient)
  3. Use of Racial Epithets
  4. Conduct directed at Vulnerable Victims (kids, elderly, pregnant women, supersensitive vic. if sensitivity known to ▵)
49
Q

What is the merger doctrine in intentional torts ?

A

There is no merger doctrine

  • D can be sued for each COA in which the elements are met
50
Q

IIED - Extreme & Outragous Conduct

What is NOT considered Extreme & Outragous

A

Not Extreme & Outrageous Conduct - Mere insults, indignities, threats, annoyances, petty oppressions

Torts (18 decks)

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