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Torts > Module 4 > Flashcards

Module 4 Flashcards

0
Q

Can trespass to chattel and conversion both be applicable?

A

Yes they can overlap

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1
Q

What is the point of trespass to chattel and conversion?

A

To protect personal property from wrongful interference

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2
Q

What is trespass to chattel?

A

The intentional interference with the right of possession of personal property

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3
Q

In trespass to chattel what must the defendants act do?

A
  • intentionally damage the Chattle
  • deprived the possessor of its use for a substantial period of time
  • or totally dispossessed the chattel from the victim
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4
Q

Is minor intermeddling or trivial interference tortious under trespass to chattel?

A

No it must be actual damage to the property, significant deprivation of use, or dispossession

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5
Q

Hypo: if A knows B doesn’t want anyone to touch his car but A does it anyway, is this trespass to Chattle?

A

No, unless there’s actual damage

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6
Q

If the interference with Chattle is just a momentary one is this trespass?

A

No it must be significant deprivation

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7
Q

Hypo: if A uses B’s suitcase for one week without permission, is this trespass?

Hypo: what if it was just for one minute?

A

Yes

No trespass unless the minute was critical because there’s no measurable deprivation

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8
Q

What is total dispossession, and is it sufficient for trespass?

A
  • stealing or asserting dominion and control over property
  • yes this is sufficient for trespass, even if the chattel is quickly recovered because the defendant has challenged the victim’s right of possession to the property
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9
Q

If you incorrectly believed in good faith that Chattle was your own is that a defense?

A

No defense

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10
Q

Does interference with chattel that results in injury to the possessor or person or thing the possessor has a legally protected interest in constitute a trespass?

A

Yes

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11
Q

Hypo: if A touches B’s dog without privilege and the dog bites B, is A liable for the injury?

A

Yes

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12
Q

What did the court say about the case where defendant killed P’s dog because he thought it was a wolf?

A

Good faith wasn’t a defense because defendant intended to kill the animal so intent was satisfied

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13
Q

How does transferred intent apply to trespass to chattel?

A

Intent for any of the four other torts including battery, assault, trespass to land, or false imprisonment can be substituted to satisfy the requisite intent for trespass to Chattle
Ie) if A intends to hit B with ink, but misses and hits B’s (or C’s) book, A is liable for the damage to the book. Even if the book is destroyed, conversion would not exist because the destruction wasn’t intentional

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14
Q

Does transferred intent apply to conversion?

A

No

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15
Q

What is the mistake doctrine for trespass to chattel and conversion?

A

Once the defendant merely intends to act upon a Chattle the concept of intent approaches strict liability

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16
Q

What is conversion?

A

An intentional exercise of dominion and control over a chattel which so seriously interferes with the right of another to control it that the actor must justly be required to pay the other the full value of the Chattle
* The defendant does not have to be conscious of the wrongdoing
Ue) if you take someone’s watch honestly believing that it is your own, you’re still a converter if the dominion is substantial and interferes with another’s right to exercise control

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17
Q

What is the level of interference required for conversion?

A
  • when the damage or other interference is sufficiently serious to justify a forced sale to the defendant
  • requires very serious harm to the property or serious interference with the right of control
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18
Q

What must the defendant pay if he is liable for conversion?

A

The full market value of the chattel and not just a small repair or rental cost

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19
Q

What is the rule about intangible property in conversion and trespass to chattel?

A

Chattel is not restricted to lost property but courts often limit it to tangible property unless the intangible property has distinct scientific, literary or artistic value

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20
Q

What are the six factors to determine the seriousness of interference with chattel?

A

1) extent and duration of the dominion/control
2) actor’s intent to assert a right inconsistent with the other’s right of control
3) actor’s good faith
4) extent and duration of interference with the other’s right of control
5) Harm done
6) inconvenience and expense caused

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21
Q

If Sally intentionally destroys Kevins chattel is that conversion or trespass?

A

Conversion

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22
Q

If Sally intentionally caused minor damage to Kevin’s chattel is that conversion or trespass?

A

Trespass to chattel

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23
Q

If Sally tries to steal Kevin’s chattel but is caught within minutes, is that conversion or trespass?

A

Conversion because of the weight placed on the bad faith

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24
Q

If Sally mistakingly takes Kevin’s chattel but returned it minutes after realizing the error, is that conversion or trespass?

A

Trespass to chattel

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25
Q

If Sally mistakenly takes Kevin’s chattel and then accidentally loses/destroys it is that conversion or trespass?

A

This is conversion because the deprivation is permanent. Even though it was in good faith it was still intentional.

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26
Q

What happens if you purchased stolen property, even in good faith?

A

you are charged with conversion because the act seriously interferes with the ownership of the rightful owner, even if you didn’t know the goods were stolen

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27
Q

What are parasitic damages?

A

Damages for pain and suffering that accompany another tort

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28
Q

What is IIED?

A

An actor who, by extreme and outrageous conduct, intentionally or recklessly causes severe emotional harm to another is subject to liability for that emotional harm and, if the emotional harm causes bodily harm, also for the bodily harm

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29
Q

What must the plaintiff prove in an IIED case?

A
  • that the defendant intended to cause severe emotional harm, or
  • The defendant acted with reckless disregard to whether the plaintiff would suffer harm
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30
Q

How do you know if the defendant intends IIED?

A
  • When he acts with purpose of causing severe emotional harm
  • or acts knowingly that it is substantially certain to result
  • or acts recklessly when he knows of the risk of severe emotional harm (or knows facts that make the risk obvious) and fails to take precaution that would eliminate or reduce the risk even though the burden is light compared to the magnitude of the risk –> this shows defendants in difference
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31
Q

What is the scienter for IIED?

A

Can be either Reckless intent or intentional conduct

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32
Q

Why is the scienter more expansive for IIED than for other torts?

A

I) plaintiff must prove the defendants conduct was extreme and outrageous
I I) The harm must satisfy the severe threshold
III) if the actor state of mind doesn’t satisfy intense for intentional torts, negligence is still a possibility –> but difficult to prove

33
Q

Why might a reckless actor be more culpable than one who satisfies the intent requirement for IIED?

A

Because recklessness entails balancing the risk of harm with the difficulty of preventing it a reckless actor maybe more culpable because emotional harm was substantially certain to occur

34
Q

Why is IIED called the baby tort?

A

Because it came about in the 1940s

35
Q

What are the important considerations of IIED?

A 
A) Extreme and outrageous
B) often involves repeated conduct
C) often involves an abuse of power
D) knowledge an especially vulnerable person that you use to take advantage of
E) causation
F). Severity of distress
G) constitutional limits
36
Q

What does extreme and outrageous conduct mean?

A

The conduct is so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in civilized society. Cruelty toward the old, young, or ill is likely to be outrageous

37
Q

Does a single request for sexual contact constitutes sufficiently outrageous behavior for IIED?

A

No but repeated and harassing requests for sexual attention can be outrageous ie) case involving supervisor that sent flowers with suggestive messages and followed plaintiff around making suggestive remarks for two years

38
Q

When is a creditor outrageous and demanding payment?

A

The creditor is not outrageous in demanding payment of an overdue debt but numerous demands for payment of a debt not paid maybe actionable

39
Q

What does an abuse of power mean in IIED?

A

Involves a person with some authority over the plaintiff abusing power (employers/employees, public officials)
Ie) sheriff using racial slur against female officer

40
Q

What are examples of behavior directed at a person known to be especially vulnerable?

A
  • Credit card company repeatedly threatening legal action against a woman known to them to have mental problems
  • Insurance company denying and delaying payment for treatment of a person, knowing she had a limited life expectancy
41
Q

What does it mean to exercise a legal right?

A

A person can’t be held liable for this tort merely for exercising a legal right even where he is substantially certain that it will cause emotional distress (filing for divorce, firing an employee, collecting a debt)

42
Q

How does causation relate to IIED?

A

Plaintiff must prove sufficient causal link between the defendants conduct and the plaintiffs distress

43
Q

What is the “but for” test in IIED causation?

A

Plaintiff must show that but for the defendant’s conduct, severe distress would not have happened

44
Q

How severe does the distress have to be in IIED cases?

A

Very severe or debilitating, and should be accompanied by proof that the distress caused impairment of day-to-day functioning
* The emotional distress must be substantial, significant, and enduring

45
Q

How does the first amendment limit IIED?

A

The First Amendment guarantees free-speech and free exercise of religion, which may limit many claims based on communicative or religious demotivated contact
- courts will not uphold IIED based on promulgation of false or distressing religious doctrine

46
Q

How does IIED work for bystanders?

A

A) immediate family member present
B) any other person present as long as it results in bodily harm
C) defendant must know the bystander is present in order to recover

47
Q

How does perception play into IIED?

A

The person doesn’t always have to be present (meaning you don’t have to visually see it) you can show sensory and contemporaneous awareness or perception of the event

48
Q

What are the elements of IIED?

A

A) intent or recklessness
B) Extreme and outrageous conduct
C) Conversation
D) severe emotional distress

49
Q

What are the three ways to show intent for IIED?

A
  1. Prove that the defendant desired to inflict IIED
  2. The defendant knew that emotional distress was substantially certain to result from his conduct
  3. Recklessness: showing the defendant consciously disregarded a high probability of emotional distress
50
Q

What are the three exceptions that lower the standard for extreme and outrageous conduct for IIED?

A

1: common carrier, if they engage in conduct that is reasonably offensive and causes severe emotional distress and that is enough for IIED
2: if defendant is aware of the plaintiff’s particular susceptibility and acts to exploit it
3: particularly offensive insults (about race, gender, homophobia) that are launched by a person in a position of authority

51
Q

When will courts give a third party recovery under IIED?

A

A) if they were close relatives
B) if they were present at the scene
C) if the defendant knew the close relative was present

52
Q

What are the important factors for determining substantial dominion of chattel?

A
  • extent and duration of control
  • defendant’s intent to assert a right to the property
  • defendant’s good faith
  • Harm done
  • expense or inconvenience caused
53
Q

Examples of intangible property that are protected by law, and therefore can be converted:

A
  • Stocks, bonds, shares, domain names, embryos
54
Q

What are the rules for aiding and abetting in conversion?

A

If you do this you are liable for conversion also ie) storing stolen cars in your warehouse

55
Q

What happens if you buy stolen goods even if you do it in good faith?

A

You are a converter

56
Q

What is replevin?

A

Return of the actual Chattle

57
Q

Is transferred intent applicable to conversion?

A

No, so if you intend to hit someone with ink and miss, but you hit their book instead, and completely destroyed the book, transferred intent does not apply, so you can’t be held liable for conversion

58
Q

If someone pushes you onto land is that considered trespass?

A

No because you don’t have a volitional act or intent

59
Q

Who can bring a suit for trespass to land?

A

Whoever is in possession of the land. Owner, tenant, etc.

60
Q

If you trespass but don’t cause any harm, what are you liable for?

A

Nominal damages

If you do cause harm - compensatory damages

If it is malicious - maybe punitive damages

61
Q

Do assault and battery fall under a merger doctrine?

A

No, you can have both

62
Q

What does implied license mean?

A

Assumed the risk. Consent or permission to do an act, implied from the circumstances, other than expressly given
Ie) when you’re playing a rough game of soccer, you don’t have expressed license to her other players, but by voluntarily participating in a game in which injury is likely to result, you imply consent to be injured

63
Q

What is the eggshell skull syndrome?

A

You take the plaintiffs as he is
Ie) if you’re waiting to use a phone and you get impatient, so you yank the phone away from the person using it. They stumble and hit her head. It turns out they have a show skull syndrome and factor their skull and start bleeding like crazy. You didn’t know they had this condition, but you take the plaintiff as you find him, and you intended to pull the phone away from him. Resultantly he suffered injury, so you are liable

64
Q

What are the important factors for determining substantial dominion of chattel?

A
  • extent and duration of control
  • defendant’s intent to assert a right to the property
  • defendant’s good faith
  • Harm done
  • expense or inconvenience caused
65
Q

Examples of intangible property that are protected by law, and therefore can be converted:

A
  • Stocks, bonds, shares, domain names, embryos
66
Q

What are the rules for aiding and abetting in conversion?

A

If you do this you are liable for conversion also ie) storing stolen cars in your warehouse

67
Q

What happens if you buy stolen goods even if you do it in good faith?

A

You are a converter

68
Q

What is replevin?

A

Return of the actual Chattle

69
Q

Is transferred intent applicable to conversion?

A

No, so if you intend to hit someone with ink and miss, but you hit their book instead, and completely destroyed the book, transferred intent does not apply, so you can’t be held liable for conversion

70
Q

If someone pushes you onto land is that considered trespass?

A

No because you don’t have a volitional act or intent

71
Q

Who can bring a suit for trespass to land?

A

Whoever is in possession of the land. Owner, tenant, etc.

72
Q

If you trespass but don’t cause any harm, what are you liable for?

A

Nominal damages

If you do cause harm - compensatory damages

If it is malicious - maybe punitive damages

73
Q

Do assault and battery fall under a merger doctrine?

A

No, you can have both

74
Q

What does implied license mean?

A

Assumed the risk. Consent or permission to do an act, implied from the circumstances, other than expressly given
Ie) when you’re playing a rough game of soccer, you don’t have expressed license to her other players, but by voluntarily participating in a game in which injury is likely to result, you imply consent to be injured

75
Q

What is the eggshell skull syndrome?

A

You take the plaintiffs as he is
Ie) if you’re waiting to use a phone and you get impatient, so you yank the phone away from the person using it. They stumble and hit her head. It turns out they have a show skull syndrome and factor their skull and start bleeding like crazy. You didn’t know they had this condition, but you take the plaintiff as you find him, and you intended to pull the phone away from him. Resultantly he suffered injury, so you are liable

76
Q

How can a plaintiff show the intent element of an IIED claim?

A

Either intentional or reckless conduct

77
Q

How does transferred intent work?

A

The intent to commit one crime is sufficient to supply the intent element for one of the other personal injury torts

78
Q

In an assault case does it matter whether the plaintiff lacks the ability to carry out the threat?

A

Not so long as the plaintiff reasonably believes that she is about to experience an immediate harmful or offensive touching

79
Q

What are the six factors to determine whether the defendant’s interference with property is sufficient to constitute conversion?

A

1) The extent and duration of interference is significant (Joy ride probably not conversion)
2) The defendant intended to use the property in a way that grossly exceeded the permission given (acted inconsistent with the owner’s right of control
3) defendant acted in bad faith by taking the chattel without asking
4) serious interference with the owner’s right to use the chattel
5) The harm done was very serious
6) The inconvenience and expense of replacing the chattel is very high

80
Q

Can moral pressure be enough of a force to have a claim for False Imprisonment?

A

No there must be a reasonable fear that actual force will be used

Torts (6 decks)

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