Torts Flashcards
What are the essential elements of an Intentional Tort?
An intentional tort consists of the following elements: (1) a voluntary act, whether it be by comission or omission (2) intent, (3) causation, (4) harm, and (5) lack of a privilege or defense.
What are the two types of intent in intentional torts? Describe them.
(1) Purposeful Intent: the ∆ acted with a **conscious objective ** to do a particular thing or cause a certain result
(2) Substantial Certainity: The actor is aware that a particular outcome is virtually certain to occur.
What is Transferred Intent in intentional torts?
Transferred intent is where the ∆ has the intent to injure one person, but accidently injures another person from their actions. If the ∆ had the requisite intent element, their intent will be transferred from the victim they meant to hurt to the victim they actually injured.
What are the elements of Battery?
A battery is an: (1) an act by a ∆ that (2) intentionally (3) causes (4) harmful or offensive conduct to the π.
What are the elements to Assault?
An assault occurs if there is (1) an overt physical from the ∆ (2) of which the π is subjectively aware, and that intends and does in fact create in the π (3) a reasonable apprehension of an imminent battery.
What are the elements of False Imprisonment?
False imprisonment occurs if the ∆ (1) intentionally, (2) confines the victim, (3) in a bounded area against the π’s will, (4) and the π is either aware of the confinement or is harmed by it.
What are the elements of IIED?
An IIED occurs where an actor engages in (1) extreme and outrageous conduct, of which the actor (2) intentionally or recklessly causes the victim to suffer from (3) extreme emotional distress.
What are the elements for bystander recovery for IIED?
IIED in two separate scenarios also allows for bystander recovery from extreme and outrageous conduct done to a third party. The first scenario is the family member scenario where bystanders may recover if (1) they are a close family member to the victim, (2) the bystander was present at the time of the conduct, and (3) the ∆ is aware of the bystanders presence. The second scenario is the bodily harm exception where bystanders may recover (1) they are physical present when the harm occurs (regardless of the relationship between the victim and bystander), (2) the bystanders distress results in their own bodily harm, and (3) the defendant is aware of the bystanders presence.
What are the elements for Trespass to Land?
A trespass to land is a (1) intentional (2) unlawful (3) physical entry onto real property (4) that is in possession of another. The intentional prong means whether or not the ∆ made a physical invasion on particular piece of land regardless of whether he had the specific intent to invade on a particular persons piece of land or he reasonably believed that he public land and not doing anything unlawful. Unlawful element means that the ∆ did not have consent to enter onto the property or that they have no other privilege/defense. Physical entry onto real property means that the (i) ∆ physically entered or caused a third person/object to physical enter the property, (ii) the ∆ entered the property lawfully but then extended his stay and didn’t leave when he had a duty to leave, and (iii) the ∆ failed to remove an object from the property when he had a duty to do so. The final possession prong relates strictly to who was in possession of the property, and not necessarily who had ownership of the property. This prong accounts for adverse possessors who may not have legal title to stay on the land, but are ultimately in possession.
What are the elements to Trespass to Chattel?
Trespass to Chattel
A trespass to chattels occurs when an actor (1) intentionally, (2) interferes with, (3) another’s right to possession, (4) in a manner that is sufficiently serious to justify the actor paying the full value of the chattel. The intent element is determined by whether there was a physical act that interfered with someone elses property, regardless of whether there was specific intent to actually invade someone’s elses property interest or whether the person reasonably believed that they were not doing anything unlawful. The interference element will be met if there is either dispossession or intermeddling. Dispossession is a direct interference with the π’s possession in the chattel. This would include actually temporarily taking the property or failing to return the property. Intermeddling are actions taken that are considered an interference but do not directly effect the right of possession in the chattel. For example, smearing mud on someone’s car or kicking the persons dog would likely be intermeddling.
What are the elements for Conversion?
What are the defenses to intentional torts?
POPCANS
(1) Privilege, (2) Defense of Others, (3) Defense of Property, (4) Consent, (5) Authority, (6) Necessity, (7) Self-Defense.
What is a self-defense claim for intentional torts?
In order to show a self-defense claim for an intentional tort a party must show that they (1) reasonably believed that (2) it was necessary to use reasonable and proportionate force (3) to prevent an unprivileged and actual/imminent attack.
