Intentional Torts w/ Personal Injury Flashcards
Elements Generally
Three general elements of intentional torts:
Plaitniff is required to prove
- Voluntary Act
- Intent
- Causation
Voluntary Act
Rule - defendant must have the state of mind that directed the physical movement
Intent
Rule - defendant either
- acted with the purpose of cause the consequence; or
- acted knowing the consequence was substantially certain to occur
Consequence - means act constitutes a tort; D intented to commit the tort but not necessarily the harm that followed
Children & Mentally Incompetent - can be held liable for intentional tort if they acted with requisite intent
Transferred Intent - person intends to commit an intentional tort but instead commits:
- a different intentional tort against the same person
- the same tort against a different person; or
- a different intentional tort against a differ person
Transferred Intent Applies to:
a. battery
b. assault
c. false imprisonment
d. trespass to land
e. trepass to chattel
but not to IIED
Causation
Rule - defendant’s conduct was a substantial factor in creating the harm
Intentional Torts List
- Battery
- Assault
- IIED
- False Imprisonment
- Battery
Rule -
1) defendat causes a harmful or offensive contact with a person of another and
2) defendant acted with the intent to cause that contact OR the apprehension of that contact
Consent - no battery if there is express or implied consent
Harmful Contact - causes harm, physical impairment, pain, or illness.
Offensive Contact - person of ordinary sensibilities would find the contact offensive
Note - if D aware that victim is sensitive to type of contact, then may be liable
Plainitff Awareness - need not be awsare of the contact when it occured (e.g., unconsciousd medical patient)
Plaintiff’s Person - contact with anything connect to plaintiff’s person qualifies as contact with the person (e.g., cane)
Damages - D need not foresee extent of damages (eggshell plaintiff); no actual harm is required for nominal damages; if D acted with malice or outrageousl, may recover punitive damages
- Assault
Rule - defendant’s action caused plaintiff to reasonably apprehend an immediate harmful or offensive bodily contact
Intent - defendant acted with intent to cause the apprehension or contact itself
Plaintiff’s Apprehension - reasonable; plaintiff aware of defendant’s act; actual fear NOT reaquired - only a reasonble apprehension
Imminent - without significant delay; threat of future harm are not sufficient
Mere Words - mere words are not sufficient but word coupledwith the circumstances that indiciate an imminent threat can sufficen
Damages - no proof of actual damages required; can recover nominal damages; can recover from physical harm flowing from apprehension (e.g., heart attack)
- Intentional Infliction of Emotional Distress
Rule - defendant is liable for intentionally or recklessly acting with extreme or outrageous conduct that causes the plaintiff severe emotion distress.
Note - courts hesitant to recognize this tort
Intent - defendant must intent to cause severe emotional distress or at least the aware of the risk of causing extreme emotional distress.
Note - transferred intent does NOT apply
Extreme or Outrageous - exceeds the limits of common decency so as to be intolerable to society
Note - mere insults, indignities, threats are not enough
Note 2 - courts looks to if the defendant is in a position of authority or influence over the P or if P is of a group that has a sensitivity that D is aware
Conduct Directed toward Thrid Party -
Family - if conduct directed to member of victim’s immediate family, member is present at time of conduct, and defendant is aware of member’s presence, then liable.
Ex: D threatens to stab mother’s child in front of her
Bystander - if bystander present at time of conduct, and D is aware of bystander’s presence, and bystander sufferes disress as a result of bodily injury, then liable
Severe Emotional Distress - plaintiff must prove severe emotional distress beyond what a reasonable person could endure.
Damages - physical injury not requires (except for bystander)
- False Imprisonment
Rule -
- D acts intending to confine or restrain another within boundaries fixed by the D;
- the actions directly or indirectly result in confinement; and
- plaintiff is aware or harmed by the confinement.
Confined w/i Bound Area - P’s freedeom of movement in all directions is limited; can be large and need not be stationary; not confined if there is a safe means to escape.
Methods of Confinement - physcial barriers, physical force, threats, invalid use of legal authority, duress.
Shopkeeper’s Privilege - shopkeeper may detain a suspected shoplifter
Intent - defendant acts 1) with purpose of confining the plaintiff or 2) knowledge that confinement is substantially certain to occur
Transferred Intent - applies
Knowledge of Confinement - P must be aware of the confinement or be harmed by the confinement
Damages - actual damages are not required, nominal damages can be recovered
Defenses to Int. Torts - List
- Consent
- Self-defense
- Defense of Other
- Defense of Property
- Parental Discipline
- Privilege of Arrest
Defenses to Int. Torts - 1. Consent
Express Consent - by words or actions manifests a willingnes to submit to the conduct however defendant cannot exceed the scope of the consent.
Consent by Mistake - valid unless D caused the mistake or knew of it and took advantage of it
Consent by Fraud - invalid if it goes to an essential matter; if collateral matter then consent is valid (e.g., boxing match for $1200 but actually only goingto be paid $1100)
Duress - consent obtained under physical duress; economic durres is valid (e.g., really needs money)
Implied Consent - plaintiff impliedly consents when 1) a reasonable person would object but is silent or 2) enter into a circumstance when you are signaling indirectly your willingness to endure certain conduct
Athletic Competition - consent is implied but is liable if conduct is wreckless (outside the normal scope of the sport)
Capacity - lack of capacity (e.g., youth, intoxication, incompetency) may invalidate consent
Defenses to Int. Torts - 2. Self Defense
Rule - person may use reasonable and proportional force to defend against an offensive contact or bodily harm
Use of Reasonable Force - force must be reasonably proportionate to the anticipated harm
Mistake - reasonable mistake belief about threat will be a valid defense
Note - use terminology “threat of death or substantial bodily harm “
Duty to Retreat - old trend requires retreat before use of deadly force; new trend permits standing your ground and allows use of deadly harm when defendant is in a place they are legally entitled to be (especially in home)
Initial Aggressor - may NOT claim self-defense
Injuries to Bystanders - not liable for injuries to bystander if injuries were accidental and actor was behaving reasonably
OHIO - self defense permitted if:
1. he was not at fault in creating the conflict,
2. he had a reasonable and good faith belief that he was in imminent danger of death or great bodily harm and his only means of escape was foce
3. and he did not violate any duty to escaope or avoid danger
Duty to Retreat Outside of Home - cannot use deadly force if can retreat safely
Duty to Retreat Inside Home - no duty to retreat
Defenses to Int. Torts - 3. Defense of Others
Rule - defendant allowed to use reasonble force in defense of other upon a reasonable belief that the third party would be entitled to use self-defense.
OHIO - cannot defend another if they were the initial aggressor
Defenses to Int. Torts - 4. Defense of Property
Rule - defendant may use reasonable force if he reasonably believes it is necessary to prevent tortious harm to the property.
Deadly Force - may not be used in defense of property
Note - may not use deadly mechanical device to defend property (e.g., spring gun)
Recapture of Chattel - reasonable force may be used to reclaim personal property that has been wrongfully taken by another
Note - if original taking was lawful and current possessor has merely retained possession beyond the time consented to, then only legal means may be used.
Force to Regain Possession of Land - CL - reasoanble force permitted; Moder - use of force not permitted
Defenses to Int. Torts - 5. Parental Discipline
Rule - parent may use reasonble force or impose reasonable confinement as necessary to discipline their child
