Torts Flashcards
the defendant desires or is substantially certain the elements of the tort will occur.
Intent
if a defendant intends to do acts which would constitute a tort, it is no defense that the defendant mistakes, even reasonably, the identity of the property or person he acts upon or believes incorrectly there is a privilege.
The Mistake Doctrine
intent is subjective and requires that the defendant actually desires or be substantially certain the elements of the tort will occur. Consequently, if the defendant is extremely mentally impaired or very young, she may not actually possess the requisite intent.
Insanity & Infancy
when the defendant’s acts intentionally cause harmful or offensive contact with the victim’s person.
Battery
the defendant’s acts intentionally cause the victim’s reasonable apprehension of immediate harmful or offensive contact.
Assault
the defendant unlawfully acts to intentionally cause confinement or restraint of the victim within a bounded area.
False Imprisonment
the intentional interference with the right of possession of personal property
Trespass to Chattel
“an intentional exercise of dominion and control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.”
Conversion
the defendant, by extreme and outrageous conduct, intentionally or recklessly causes the victim severe mental distress
Intentional Infliction of Mental Distress
A person can use reasonable force to protect a third person from immediate unlawful physical harm.
Defense of Others
a defense which allows the defendant to interfere with the property interests of an innocent party in order to avoid a greater injury. The defendant is justified in her behavior because the action minimizes the overall loss. The defense is divided into two categories: public and private
Necessity
Permits P to recover for intentional tort even if tortious conduct intended for another.
Transfer of Intent Between Persons
Permits P to recover for one intentional tort even if a different intentional tort was intended.
Transfer of Intent Between Torts
Where there is both a transfer of intent between torts and a transfer of intent between persons.
Multiple Transfers of Intent
Will be liable for all harm resulting from intentional conduct even if only intended some harm or non
Transferred Intent and Harm
Must have capacity to give consent:
Must appreciate nature, extent and probable consequences of conduct to which consent given
May be manifested by words, affirmative action, silence or inaction under circumstances where the latter show consent
Defense limited to scope of consent given,
Consent in Fact
Circumstances indicate that consent has been given notwithstanding any unexpressed feelings
Apparent Consent
May arise as a result of a medical emergency where there is no time to obtain actual consent
If written consent is provided, should include right to act in an emergency
Implied Consent
No defense if consent procured by fraud or negligently– if P’s mistake is sufficiently material to the grant of consent and defendant knows plaintiff is mistaken
No defense if consent procured under threat of physical force but may consent even where economic duress
No defense if both P and D are mistaken
Consent and Mistake
Consent is not a defense if duress in the form of a threat to person or property or that of family members.
Consent generally is a defense to economic duress
Consent and Duress
Split of authority on whether plaintiff may consent to criminal act Better view is that consent is a defense to a tort action but not a criminal action, unless law is designed to protect class of persons.
Consent and Criminal Acts
