Torts Flashcards
Overarching Theories of Tort Recovery
Intentional tort; negligence; strict liability
Types of Intentional Torts
battery, assault, IIED, trespass to land/chattel, conversion
Strict Liability Torts: Definition and 3 Types
D is liable for injuring P whether or not D exercised due care. P does not have to show proof of fault.
Types: Possession of animals w/ dangerous propensities; abnormally dangerous activities; supplying product in a defective condition unreasonably dangerous
Negligence Elements
Duty, breach, injury/harm/damages, causation (actual/proximate)
Intentional Torts –> Privileges/Defenses: Types
POPCANS - Privilege defense of Others defense of Property Consent Authority Necessity Self-Defense
Defenses: Negligence
Contributory negligence; comparative negligence; assumption of risk
Defenses: Strict Liability Torts
Comparative negligence; assumption of risk
5 Elements of Intentional Torts
Voluntary act; intent; causation; harm; lack of privilege/defense
Intentional Tort Element: Establishing Intent (2 ways)
Two ways to establish; either:
(1) D desires that his act will cause harmful result described by tort (purpose intent); or
(2) D knows that it is substantially certain that such result will occur (knowledge intent)
Intentional Torts Intent Element: Transferred Intent + Applicable Crimes
If D acts with necessary intent to inflict certain intent torts, but causes injury to a diff victim then intended, D’s intent is transferred to actual victim.
–> Applies to battery, assault, false imprisonment, TTL, and TTC
Intentional Tort –> Battery: Definition and 3 Elements; Defense
An intentional act that causes a harmful or offensive contact with the P or w/ something closely connected thereto (such as hat).
- -> AKA need to prove 3 elements:
(1) Intent
(2) Harmful or offensive contact; and
(3) To the person or something physically closely connected thereto - -> P does not have to prove injury; will get compensatory damages just by showing elements.
- -> Defense to battery: consent
Intentional Tort –> Battery: Intent Requirements
D must either act with purpose intent (desire to cause an immediate harmful/offensive contact) or knowledge intent (know that such contact is substantially certain to occur)
Intentional Tort –> Battery Req: Imm harm/off contact (2 scenarios)
Two scenarios fulfill req:
(1) Contact would inflict pain/impairment of any body function, or
(2) If a reasonable person would regard it as offensive.
–> P need not be aware of the contact.
Intentional Tort –> Assault: Definition and 3 Elements
An intentional act that causes the P to experience a reasonable apprehension of an immediate harmful or offensive contact; words alone rarely create assault.
AKA Need to Prove 3 Elements:
(1) Intent
- -> Desire to cause immediate harmful/offensive contact or know such a result substantially certain to result.
(2) Reasonable apprehension (objective standard)
- -> Reasonable person in same position as P would have experience same apprehension
- -> Does not matter if D lacked actual ability as long as P apprehension is reasonable
(3) Imminent battery
Intentional Tort –> False Imprisonment: Definition and 4 Elements
An intentional act that causes a P to be confined/restrained to a bounded area against the P’s will, and the P knows of the confinement or is injured thereby.
AKA 4 Elements:
(1) Intent
- -> purpose intent or knowledge intent
(2) Confinement in Bounded Area
- -> Can consist of physical barriers, threats of force, failing to release P after duty to release arises, invalid assertion of legal authority.
- -> No duration requirement.
- -> P cannot have actual knowledge of reasonable means of escape.
(3) Against P’s Will (consent is defense)
(4) Either P is aware of confinement or injured thereby
- -> If P aware, P entitled to any damages jury finds appropriate; if P unaware, P can only claim damages if injured by confinement.
Intentional Tort –> IIED: Definition and 3 Elements
An intentional/reckless act amounting to extreme and outrageous conduct that causes the P severe mental distress.
3 Elements:
(1) Intentional or Recklessness
(2) Extreme and Outrageous Conduct
(3) Severe Emotional Distress
Intentional Tort –> IIED Element 1: Intentional / Recklessness Definitions
Intentional: purpose intent or knowledge intent (D acts w/ desire to cause severe emotional distress or knows that such severe emotional distress is virtually certain to occur).
Recklessness: D acts in conscious disregard of high degree of probability that emotional distress will follow
Intentional Tort –> IIED Element 2: Extreme and Outrageous Conduct + Offensive Language
Satisfied if the D’s conduct is beyond the bounds of decency (civilized society will not tolerate).
- -> Offensive/insulting language generally not outrageous, except (3 scenarios):
(1) D is common carrier/innkeeper;
(2) D knows of P’s particular sensitivity; or
(3) D is an authority figure using racial/ethnic slurs against a subordinate
Intentional Tort –> IIED Requirement: Severe Emotional Distress
More than the level of mental distress a reasonable person could be expected to endure.
- -> must be substantial/long-lasting, not trivial/transitory
- -> most states don’t require actual physical injury
Intentional Tort –> IIED: Third Party/Bystander Liability (2 scenarios)
Where D’s conduct is directed at 3rd party, D liable if:
(1) P is immediate family member/close relative of 3rd party and is present at the time and the D is aware of the P’s presence; or
(2) to any other P (regardless of relationship) present at the time if such distress results in bodily harm and D is aware of P’s presence
Intentional Tort –> Trespass to Land: Definition and 3Elements
An intentional act that causes a physical invasion of P’s land.
3 Elements:
(1) Intent
(2) Entry
(3) P’s Land
Intentional Tort –> Trespass to Land Element: Entry - Physical Invasion (3 scenarios)
If the D (3 Scenarios):
(1) enters/causes object or third person to enter onto P’s land
(2) enters onto P’s land lawfully but remains when under legal duty to leave, or
(3) fails to remove object from P’s land when under legal duty to do so.
Intentional Tort –> Trespass to Land: Damages Remedies
(1) Nominal damages (trespass but no injury)
(2) D liable for full extent of harm caused by trespass
(3) Punitive damages (willful/malicious conduct)
Intentional Tort –> Trespass to Land: Restitutionary Remedy - Ejectment (def + 3 elements)
Action brought by P to have D removed from property, and mesne damages (compensate for loss of use of land; measured by rental value of property or benefit gained by wrongful possessor - whichever greater).
Requirements (3 Elements):
(1) proof of legal title;
(2) proof of P’s right to possession; and
(3) wrongful possession by D.