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Torts Flashcards

0
Q

Types of intentional torts

A
  1. Assault;
  2. battery;
  3. False imprisonment;
  4. Intentional infliction of emotional distress
  5. trespass to land; or
  6. trespass to chattels
  7. Conversion
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1
Q

To establish a prima facie case of intentional torts what elements must the plaintiff prove?

A
  1. Act by defendant; 2. Intent (specific or general); 3. Causation
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2
Q

Transferred intent doctrine

A 
Applies to intentional torts;
Applies when defendant intends to commit tort A against person A but instead ...
1. Commits tort B against person A
2. Commits tort B against person B
3. Commits tort A against person B

In all these cases defense at intent will be transferred and he will be liable for whichever tort committed

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3
Q

Intentional tort: requisite “capacity” for intent?

A

Trick question! There is no requisite capacity for intent.

Minors and those who are mentally incompetent are liable for their intentional torts.

Incapacity is not a good defense

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4
Q

Intentional tort: battery

What are the primary facie element to show battery?

A
  1. Act by defendant: harmful contact or offensive contact
  2. To plaintiffs’ person (body, or anything connected to the body–clothing or purse)
  3. Intent (specific or general)
  4. Causation
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5
Q

Intentional tort: Assault

What are the elements to establish prima facie case of assault?

A
  1. Act by defendant creating reasonable apprehension in plaintiff
  2. Of immediate harmful or offensive contact to plaintiffs person (body or anything attached to body-clothing or purse)
  3. Intent (specific or general)
  4. Causation
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6
Q

Intentional tort: false imprisonment

What are the elements to establish a prima facie case for false imprisonment?

A
  1. Act or omission by defendant that confines or restrains plaintiff;
  2. To a bounded area (no reasonable means of escape known to plaintiff)
  3. Intent (specific or general)
  4. Causation
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7
Q

Intentional tort: false imprisonment

What are sufficient methods of confinement or restraint?

A
  1. Physical force
  2. Physical barriers
  3. Threats of force (immediate not future threats)
  4. Invalid use of legal authority

Ps moral pressure and future threats are not sufficient to prove this element of confinement or restraint

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8
Q

Intentional tort: Intentional Infliction of Emotional Distress

What are the elements to establish a prima facie case for intentional infliction of emotional distress?

A
  1. Act: extreme and outrageous conduct (conduct that transcends all bounds of decency)
  2. Intent or recklessnes
  3. Causation
  4. Damages–severe emotional distress
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9
Q

Which of the intentional torts to the person (personal injury harm) requires a showing of damages to establish a prima facie case?

And what type of damages must be shown?

A

Intentional infliction of emotional distress requires a showing of severe emotional distress

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10
Q

Intentional tort: intentional infliction of emotional distress

What is the causation in bystander cases?

A

Applies when Defendant causes physical harm to a third person and plaintiff suffers severe emotional distress

Plaintiff can recover by

  1. Showing prima facie elements of emotional distress or
  2. P was present when injury occurred; p is a close relative of the injured person; and the defendant knew p was present and closely related
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11
Q

Intentional tort: Trespass to Land

What are the prima facie elements to establish trespass to land?

A
  1. Physical invasion to plaintiffs real property by person or object (includes airspace and subterranean space)
  2. Intent (doesn’t require knowing land belonged to another)
  3. Causation
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12
Q

Intentional tort: Trespass to Chattels

What are the elements to establish a prima facie case for trespass to chattels?

A
  1. Act: interference with plaintiff’s right to possession
  2. Intent (not required to know item belonged to another)
  3. Causation
  4. Damages (directly damage item or cause dispossession of item from plaintiff)
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13
Q

Intentional tort: conversion

What are the elements to establish a prima facie case for conversion?

A
  1. Act: interference with plaintiff’s right of possession in a chattel (item of personal property)
  2. Interference is so serious that it warrant defendant paying the chattel’s full value
  3. Intent (not required to know item belonged to another)
  4. Causation
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14
Q

Intentional tort: Conversion

Which acts constitution conversion?

A
  1. Wrongful acquisition (theft)
  2. Wrongful transfer
  3. Wrongful detention
  4. Substantially changing, severely damaging or misusing a chattel.
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15
Q

Types of defenses to intentional torts

A
  1. Consent
  2. Self defense, defense of others and defense of property
  3. Privilege of arrest
  4. Necessity
  5. Discipline
16
Q

Defense to intentional tort: Consent

What are the requirements for making a consent defense?

A
  1. Valid consent
    A. Express or implied; and
    B. Capacity to consent
  2. Defendant’s conduct is within the boundaries of the consent
17
Q

Defenses to intentional torts: Consent

What constitutes a valid consent?

A
  1. Either
    A. Express consent (no fraud, mistake or duress); or
    B. Implied consent (apparent consent or consent implied by law);

AND

  1. Capacity to consent (no minor, drunk or incompetent)
18
Q

Defense to intentional tort: Self defense

What is required to make a self defense claim?

A
  1. Defendant reasonably believes he is or is going to be attacked (mistaken belief is fine)
  2. The force used was only to the extent necessary to prevent the harm
  3. Defendant was not the initial aggressor (unless D’s initial non deadly force was responded to by a deadly force)
  4. May be a duty to retreat if possible in cases where deadly force is used by D
19
Q

Defense of intentional tort: self defense (defense of other)

When is this defense available?

A

One may use force to defend another who he reasonably believes is being or is going to be attacked if the actor could have used that same force were he the one threatened with injury (loops back to the self defense analysis)

20
Q

Defense for intentional tort: self defense (defense of property)

When is the defense available?

A
  1. reasonable force (typically deadly force is not allowed)
  2. To prevent the commission of a tort against her real or personal property (in hot pursuit of one who stole their chattel is fine)
  3. Only after a request to desist or leave has been made (unless it would be futile or dangerous)
  4. The trespassor is not privileged (necessity, recapture of chattel, etc)
21
Q

Defense of intentional tort: recapture of chattels

When does this defense apply?

A
  1. Reasonable force (not deadly force or one that causes serious bodily injury)
  2. To recapture an item of personal property taken tortuously
  3. Only after making a timely demand to return (unless futile or dangerous)
  4. If item is located on another’s land who refuses to return it, the owner of the item is privileged to enter and reclaim at a reasonable time in a reasonable manner
22
Q

Defense for intentional tort: Privilege of arrest

When does this defense apply?

A
  1. Applies to police officers and private citizens that use force in arresting a Someone
  2. If misdemeanor
    A. must be a breach of peace committee in the arresting party’s presence and
    B. degree of force is that reasonably necessary but never deadly force
  3. If felony
    A. Only if felony was actually committed
    B. the arresting party reasonably believes it was committed by the person he arrested
    C. Use of force was reasonably necessary to make the arrest
23
Q

Defense of intentional tort: shoplifting detention privilege

A

A shopkeeper is privileged to detain a suspected shoplifter for investigation if

  1. Reasonable belief as to the fact of theft
  2. Detention is conducted in a reasonable manner
  3. Only non deadly force used
  4. Detention is for a reasonable period of time
  5. Detention is only for the purpose of making an investigation
24
Q

Defense to intentional tort: privilege of necessity

When does the defense apply?

A
  1. Defense applies only to property torts
  2. Interference with ones real or personal property is reasonably necessary to avoid a threatened injury from another force; and
  3. The threatened injury is substantially more serious the the interference
25
Q

Defense to intentional tort: discipline

When does it apply?

A

A parent or teacher may use reasonable force in disciplining children

26
Q

Harm to economy and dignitary interest: Defamation

What are the element of defamation?

A

Common law defamation:

  1. Defamatory language
  2. Of or concerning the plaintiff
  3. Published (intentionally or negligently) to third parties
  4. Damage to plaintiff’s reputation

Additional Constitutional requirements If statement is a matter of public concern

  1. Falsity of the defamatory statement
  2. Defendant’s fault
27
Q

Harm to economy and dignitary interest: defamation

Who may be liable for defamation?

A
  1. Author or speaker of the defamatory statement
  2. Primary publisher (newspaper, tv station, etc)
  3. One who repeats (reprint the article)
  4. Secondary publisher (one who sells the paper or plays the tape) is liable only if knows or should know of the defamatory content
  5. Internet service provider is not liable
28
Q

Harm to economy and dignitary interest: defamation

Types of defamation

A
  1. Libel
    • written, tv and radio
    • no need to prove special damages
    • general damages presumed
  2. Slander
    • spoken
    • must prove special damages unless slander per se
29
Q

Harm to economy and dignitary interest: defamation –slander

What is slander per se?

A

Defamatory statements that

  1. Adversely reflect on one’s conduct or profession
  2. One has a loathsome disease
  3. That a woman is unchaste
  4. One is guilty of a crime of moral turpitude
30
Q

Absolute privilege defense for defamation

Who does it apply to?

A
  1. Defamatory statements made by Officers from all three branches of the government in the conduct of the official duties
  2. Defamatory statements made between spouses
31
Q

defenses to defamation

What are they?

A
  1. Consent
  2. Truth (unless it’s a matter of public concern, in which case plaintiff has the burden of proving falsity)
  3. Absolute privilege
  4. Qualified privilege
32
Q

Four types of privacy torts

A
  1. Appropriation of plaintiff’s picture or name
  2. Intrusion on plaintiff’s affairs or seclusion
  3. False light
  4. Disclosure of plaintiff’s confidential information
33
Q

Two types of misrepresentation

A
  1. Intentional misrepresentation (fraud)

2. Negligent misrepresentation

34
Q

Intentional misrepresentation

What are the elements to establish a prima facie case for intentional misrepresentation?

A
  1. Misrepresentation of a material fact
  2. That defendant knew or believed was false or there was no basis for truth
  3. Defendant intended for plaintiff to rely on the statement
  4. Causation
  5. Plaintiff actually did rely on the misrepresentation
  6. Plaintiff was justified in relying on the misrepresentation
  7. Damages –actual pecuniary loss
35
Q

Negligent misrepresentation

What are the elements to establish a prima facie case?

A
  1. Misrepresentation in a business or professional capacity
  2. Breach of duty towards a particular plaintiff
  3. Causation
  4. Justifiable reliance
  5. Damages
36
Q

Interference with business relations

What are the elements to establish a prima facie case?

A
  1. Existence of a valid contractual relationship between plaintiff and a third-party
  2. Defendant had knowledge of the contractual relationship
  3. Intentional interference by defendants to induce a preach or termination of the contract
  4. Damages
37
Q

Three categories of strict liability

A
  1. Strict liability for animals
  2. Abnormally dangerous activities
  3. Product liability

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