Torts Flashcards
Intentional tort generally:
P must prove (1) act (2)intent and (3) causation
Intent in intentional tort:
D acts with the
(1) purpose of causing the consequence OR
(2) knowledge that the consequence is substantially certain to follow.
Battery element
D causes a
(a) harmful or offensive contact
(b) with the person of another
(c) with intent to cause that contact or apprehension
Single-intent rule for battery intent (majority rule)
D liable if (1) intends to cause the contact but (2) need not intend that the contact be harmful/offensive
Damage requirement for battery
no proof of actual harm required
Assault elements
act or threat by D that causes
(a) reasonable apprehension of
(b) imminent, AND harmful/offensive bodily contact and
(c) D intended to cause that contact or apprehension
Mere words generally not sufficient.
Imminent means no threats of future harm
Intentional infliction of emotional distress (IIED) elements
D
(a) intends to cause severe emotional distress or acts with reckless disregard as to the risk
(b) does extreme & outrageous conduct
(c) that causes P’s severe emotional distress
IIED: outrageous
a conduct is outrageous if it exceeds the possible limits of human decency
© mere insults/threats not outrageous,
unless words + conduct (1) D is in a position of authority OR (2) P is in a group that has heightened sensitivities (e.g. children)
IIED: Transferred intent
Transferred intent does not apply to IIED when if you intended battery against A and end up committing IIED against A or B.
Transferred intent applies if you intended IIED against A and end up committing against B (like family or bystander).
IIED: Family member of the victim may recover for IIED if
(a) D intentionally or recklessly causes severe emotional distress to P’s family member;
(b) D act extreme outrageous conduct
(c) P was present at the time and perceived such conduct
intentional or reckless (ie, D knew that P was present and closely related to the injured person)
IIED: Nonfamily bystander of a victim can recover for IIED if
(a) D intentionally or recklessly causes severe emotional distress to victim;
(b) D act extreme outrageous conduct
(c) P was present at the time and perceived such conduct
(d) bodily injury / require proof of actual harm.
IIED: Damages
No proof of actual harm required (except for bystander)
False imprisonment: elements
D
(a) intends to confine/restrain another
(b) confine/restrain
(c) P is conscious or is harmed
False imprisonment: Intent requirement
(1) acts with the purpose of confining or
(2) acts with knowledge that confinement is substantially certain to result.
NOT negligence.
False imprisonment: Damages
no proof of actual harm required unless D unaware
False imprisonment: Confinement
threats, force, false authority, failure to provide a means of escape © future threats does not constitute confinement or restraint
Shopkeeper’s privilege:
reasonable detention of suspected shoplifter
Intentional torts involving personal injury:
Consent
A defense
Express or Implied consent by custom, emergencies, consensual athletics
Intentional torts involving personal injury:
Consent is not a defense/is negated when
(1) mistaken consent is caused or knowingly utilized by D;
(2) fraud;
(3) duress
(4) incapacity/incompetency
(5) intoxication
Intentional torts involving personal injury:
Self-defense is a defense if
reasonable force proportionate to anticipated harm
© initial aggressor
Initial aggressor doctrine
Initial aggressor can’t claim self-defense unless the other party responded to nondeadly force with deadly force
Self-defense: reasonable mistake
Allowed
Self-defense: liability for injury to bystander while self-defense
Person acting in self-defense has no liability if injuries were (a) accidental and actor was (b) not negligent toward the injured bystander
Use of force in defense of property:
reasonable force OK if used based on reasonable belief that it is necessary to prevent tortious harm.
No deadly force allowed