Torts 1-17 Flashcards
What are the general elements for Intentional Torts?
A voluntary act;
Committed with intent; AND
Causation.
Specific Intent = a desire for the action to cause resulting circumstances.
General Intent = a person is substantially certain that conduct will cause resulting circumstances.
Priority: HIGH
What are the elements of Battery?
When there is:
An intentional,
Harmful or offensive contact,
With the plaintiff’s person.
Bodily harm is physical pain, illness, or impairment to another’s body.
Priority: HIGH
What are the elements of Assault?
When there is:
An intentional act,
That causes the plaintiff to be placed in reasonable apprehension (aware of the act and believes that the defendant is able to commit it),
Of imminent harm or offensive contact.
When is an act deemed Intentional for the tort of Assault?
If it’s done:
For the purpose of causing apprehension; OR
With knowledge to a substantial certainty that such apprehension will result.
Priority: N/A
When is a defendant liable for
False Imprisonment?
When he:
Intentionally acts (purposely or knowing that it’s substantially likely to occur),
To restrain the plaintiff to fixed boundaries, AND
The plaintiff is conscious of the confinement OR is harmed by it.
*The restraint may be threats and DOES NOT need to be physical or stationary.
Priority: Medium
What are the elements of
Intentional Infliction of Emotional Distress?
The defendant acted intentionally or recklessly;
Their conduct was extreme and outrageous;
The act caused extreme emotional distress; AND
The plaintiff actuallysuffered severe emotional distress.
*An act is reckless if it’s a deliberate disregard of a high risk that emotional distress will follow.
Priority: HIGH
When is a defendant liable for Trespass to Land?
When he intentionally,
Either:
Enters the land in possession of another;
Causes an object/third-person to enter;
Remains on the land; OR
Fails to remove an object he is under a duty to remove.
*Intent to trespass is NOT required.
Priority: HIGH
When is a person liable for Trespass to Chattels?
When he:
Intentionally interferes with another’s personal property,
AND
The amount of damage is small.
Priority: HIGH
When is a person liable for Conversion?
When he:
Intentionally interferes with another’s personal property,
AND
The amount of interference is substantial.
*Defendant will be liable for full market value of item.
Priority: HIGH
Under the Doctrine of Transferred Intent, how can the intent to harm one party be transferred to another party that was injured?
It’s transferred when:
The defendant had the intent to commit a tort against one particular individual; AND
If in the act of trying to accomplish that tort either:
commits a different tort against that person; OR
another party is injured.
*Only applies to Battery, Assault, False Imprisonment, Trespass to Land, & Trespass to Chattels.
Priority: Medium
Intentional Tort Defenses
Consent is a defense to intentional torts, and can be express, apparent, or implied by law.
Apparent Consent vs. Impliedby Law Consent
Apparent Consent: When words or conduct are reasonably understood to be intended as consent (such as customary practice or a person’s failure to object).
Implied by Law Consent: Occurs in special circumstances, such as medical emergencies.
*Defendant’s actions CANNOT exceed the bounds of the consent given.
Priority: Medium
Intentional Tort Defenses
What is the defense of Privilege?
It is conduct that under ordinary circumstances would subject the actor to liability, BUT is excused under the circumstances.
Priority: N/A
Intentional Tort Defenses
What is the defense of Privilege to Arrest?
A defense to false imprisonment.
Likely to occur if the crime is serious and the defendant directly observed the crime when making the arrest.
*To make a citizen’s arrest, the detainee must have committed an act that breached the peace in front of the arresting citizen.
Priority: Low
Intentional Tort Defenses
What is the defense of Self-defense?
Where a defendant is NOT liable if he:
Reasonably believed that the plaintiff was going to harm another; AND
Used reasonable necessary force to protect himself or another.
Priority: Low
Intentional Tort Defenses
What is the Shopkeepers Privilege to Detain for Investigation?
Shopkeepers have the privilege to:
Temporarily detain,
A person reasonably suspected of theft,
In or near their store,
For the purpose of an investigation.
Priority: Low
