Torts Flashcards
Intentional Torts
1) Act by D — requires some volitional movement
2) Intent — specific or general
» Specific — intent to bring about a specific harm
» General — substantial certainty that tortious conduct will result from D’s act
3) Causation — substantial factor
» D’s conduct must be a substantial factor in bringing
about the resulting harm
Transferred Intent
Arises when D acts with the
intent to commit a given tort but:
a) Commits it against a different person than intended
b) Commits a different tort than intended
c) Both a) and b)
Torts Transferred Intent Applies To
1) Assault
2) Battery
3) False imprisonment
4) Trespass to land or chattel
Assault
An intentional act by D creating P’s reasonable apprehension of immediate harmful or offensive contact to P’s person
• Also considered an attempted battery
Elements of Assault
1) Act by D that creates a reasonable apprehension in P
2) Of immediate harmful or
3) Intent
4) Causation
Battery
An intentional harmful or offensive contact to P’s person by D
Elements of Battery
1) Harmful or offensive contact by D (reasonable person)
2) To P’s person
3) Intent
4) Causation
False Imprisonment
An act or failure to act by D resulting in P’s restraint or
confinement to a bounded area
Elements of False Imprisonment
1) Act (or omission) resulting in P’s restraint or confinement
2) P is confined to a bounded area
3) Intent
4) Causation
Shopkeeper’s Privilege
A store may detain a suspected
shoplifter on store property for a reasonable period of time
• Reasonable cause — store must have reasonable cause to
believe detainee stole or attempted to steal store property
• Limited duration — store may only detain the suspect for a
short period of time and only for purposes of investigation
• Shopkeeper may be held liable for any harm caused by acts exceeding the privilege
Assault Apprehension
» Apprehension = P is aware of D’s act
» Words alone are insufficient, unless coupled with conduct
» Note — beware of fact patterns where D appears incapable of accomplishing the threatened harm
• Apparent ability is sufficient, as long as it could reasonably create P’s apprehension
Act or Omission for Restraint or Confinement
» Restraint or confinement does not have to be physical
• E.g., threats of force, invalid use of legal authority
» Duration is not important; brief confinement will suffice
Confined to Bound Area
» P must be aware of, or be harmed by, the confinement
» P’s freedom of movement must be limited
» P must have no reasonable means of escape
• If a reasonable person could get out (e.g., by opening an unlocked door), no false imprisonment
IIED
Extreme and outrageous conduct by D causing P’s severe emotional distress
Elements of IIED
1) Extreme and outrageous conduct by D
2) Severe emotional distress in P
3) Intent or recklessness
4) Causation
Extreme & Outrageous Conduct
» Conduct that exceeds the bounds of decency in society
• Mere insults alone are insufficient
» Non-outrageous conduct may be actionable if:
a) D targets P’s known sensitivity or weakness;
b) D’s conduct is continuous or repetitive;
c) D targets a P who is a member of a “fragile” class
(e.g., elderly, children, pregnant women); or
d) D is a common carrier or innkeeper
Severe Distress
» P must suffer severe emotional distress from D’s conduct
• Physical symptoms are not necessary
» Note — watch for facts indicating extreme, outrageous
conduct but P is unbothered — this is not IIED
Bystander of Emotional Distress
A bystander closely related to a person physically injured or
killed by D’s conduct may recover for emotional distress
Elements for Bystander of Emotional Distress
1) D’s conduct seriously injured or killed a third person
2) P is closely related to the injured person
3) P was present when the injury occurred
4) D knew elements 2) and 3)
5) P suffers severe emotional distress
Trespass to Land
A physical invasion of P’s real property by D
Elements to Trespass to Land
1) Physical invasion of P’s real property by D
2) Intent
3) Causation
Physical Invasion of Land
» D enters P’s property or propels an object onto it
• E.g., D walks on P’s property, throws a ball onto P’s property, chases someone onto P’s property
» P must only have actual or constructive possession
• Ownership not required
» Must be a physical invasion
• Invasions by light, sound, smell are not trespass (but may give rise to nuisance)
» P’s real property includes surface space, airspace, and
subterranean space to a reasonable distance
Trespass to Chattel/Conversion
1) D interferes with P’s right of possession in tangible personal property (chattel) 2) Intent 3) Causation 4) Damages
Interference with Property
» Interference usually occurs through dispossession (depriving P of his possessory rights in chattel) or intermeddling (damaging P’s chattel)
» Trespass — minor interference or damage
» Conversion — significant interference or damage that justifies D paying the chattel’s full value
• A longer and/or more damaging use of P’s chattel gives rise to conversion