Torts Flashcards
Two general propositions about intentional torts
1) Ps extreme sensitivity is ignored in deciding if P has a claim. Assume a person of ordinary sensitivity. 2) For intentional torts, no incapacity defenses.
What are the specific intentional torts? (7)
Battery, Assault, False Imprisonment, Intentional Infliction of Emotional Distress, Trespass to Land, Trespass to Chattels, Conversion
What are testable elements of battery?
1) D causes harmful or offensive contact.
2) Contact w/ P’s person.
How do you know if a contact is offensive?
Offensive = unpermitted by a reasonable/ordinary person. EX: unwelcome groping.
What is a “P’s person”?
Anything a P is holding or connected to. EX: purses, people on horseback.
Does a battery not need?
Need not be instantaneous or involve D’s person. EX: poisoning.
What is assault?
1) Place P in reasonable apprehension.
2) Apprehension must be of an immediate battery.
What is the “apprehension” element?
Apprehension is ill chosen. In tort, it means knowledge i.e. P has to see it coming. BUT fear is not necessary
Unloaded gun problem
Threat P can see but is an idle threat. D can’t accomplish anything. If P knows he can’t be touched, no apprehension.
What does it mean that apprehension relate to “immediate battery?”
1) Words alone lack immediacy; you must have conduct. Must be conduct that is a menacing gesture.
2) When you have words and conduct together, words can negate immediacy. EX: “if you weren’t my best friend I’d beat the crap out of you” while shaking fists.
What are the elements of false imprisonment?
1) D must commit an act of restraint.
2) P must then be confined in a bounded area.
What is an act of restraint?
1) Threats are sufficient. Threat must be one that would operate on the mind of a reasonable person.
2) An omission can be an act of restraint if D owed P a pre-existing duty.
3) Act of restraint only counts if P is aware of it or harmed by it. If P is oblivious, no claim.
What is the bounded area requirement?
Area not bounded if there is a reasonable means of escape that P can reasonably discover. If only way out is dangerous, disgusting, humiliating or hidden, no reasonable means of escape.
Intentional infliction of emotional distress
1) D engages in outrageous conduct.
2) P suffers severe emotional distress.
What is outrageous conduct?
R2T: Exceeds all bounds of decency tolerated in a civilized society.
What is not outrageous?
Mere insults. Insults may tip the scale if combined w/ other activities.
What is outrageous i.e. plus factors that make acts more likely to be outrageous?
1) Continuous or repetitive conduct. Why? Looks more like harassment. EX: debt collectors.
2) D is a common carrier or inn keeper. Must exercise courtesy in dealing w/ patrons.
3) P is a member of a fragile class of persons.
4) Prior knowledge of emotional sensitivity and D exploits it.
EX: False notification of death of loved ones done intentionally.
What are the fragile classes of people?
Young children, elderly, pregnant women.
What is severe emotional distress?
1) No specific evidentiary showing required i.e. physical symptoms not mandatory.
2) When this is tested, 80% of the time the element will be negated by stipulating to the opposite in a subtle way i.e. says “P is mildly annoyed,” “briefly irritated.”
Elements of Trespass to Land
1) D commits an act of physical invasion.
2) Land.
What is physical invasion?
1) D enters the land (on purpose). No knowledge that you crossed a boundary line is not required.
2) Throwing something onto the land. Thing being “thrown” must be a physical thing. Intangible invasions aren’t trespass.
What does land mean for trespass?
P has an interest in airspace above land and mineral rights below land. Must be a reasonable distance.
Trespass to chattels and conversion
Both involve intentional interference w/ personal property. This is how you recover for robbery.
What is personal property?
Everything that isn’t land.