Torts Distinctions Flashcards
What are the elements of Batter?
- Harmful or offensive contact (objective standard; no actual harm required)
- To person of another (or anything connected to it)
- Causation (direct or indirect)
- D’s intent
• Single-intent rule (majority rule)—D may be liable if D (i) intends to bring about the contact; D need not intend (ii) that the contact is harmful or offensive
• Double-intent rule—D must (i) intend to bring about a contact, and (ii) intend that the contact be harmful or offensive
• Transferred intent applies
What are the elements of Assault?
- Conduct or other circumstances (mere words not enough)
- Plaintiff (P) must have reasonable apprehension and awareness of D’s act or threat
- Imminent threat of harm
- Intent (includes transferred intent)
What is Assault?
act or threat by D intended to cause apprehension of imminent harm or offensive
contact
What are the elements to IIED?
- Intent or recklessness
- Extreme and outrageous conduct by D (beyond human decency, outrageous)
- Public figures/concerns
- Third-party victim
- Causation
- Damages
- VA Point of Law - P must prove IIED
What are the elements of False Imprisonment?
- Intent to confine or restrain another within boundaries (no reasonable means of safe escape); confinement; victim is conscious of confinement or harmed by it
- Methods of confinement (physical barriers or force, threats, invalid use of legal authority, duress, failure to provide means of escape)
- Time—immaterial except as to amount of damages
- Intent—purposeful act or knowing confinement is substantially certain to result
- Damages—actual damages necessary only if P was unaware of confinement
- Shopkeeper’s privilege—reasonable detention of suspected shoplifter
What is VA distinction on False imprisonment
VA Distinction—VA defines false imprisonment as an illegal restraint on another’s freedom; once P demonstrates a prima facie case of false imprisonment, the burden shifts to D to show that the restraint was legal or justified
VS
Intent to confine or restrain another within boundaries (no reasonable means of safe escape); confinement; victim is conscious of confinement or harmed by it
What are the types of Consent
- Express
- Implied
- Invalid
Self - Defense: What is Reasonable force?
force proportionate to anticipated harm; reasonable mistake does not invalidate defense
Self - defense: what is deadly force?
ok only if reasonable belief of serious bodily injury/death
Self-defense: what is “No duty to retreat”?
before using fore, including deadly force
Is an initial aggressor entitled to claim self-defense?
Generally no
What are the considerations for a defense of others?
- Reasonable belief
2. Reasonable force
What are the elements of a defense of property?
- Reasonable force allowed
- No deadly force allowed
- Reasonable force to prevent intrusion on one’s land
- Reasonable force to reclaim personal property wrongfully taken
What are the limitation of parental discipline?
- Reasonable force/ confinement ok
2. Educator has same privilege - unless restricts
What are the privilege of arrest defense?
- Felony
2. Misdemeanor
When is Police allowed to assert a Privilege of arrest?
Felony - Police - ok for felonies if reasonable to believe it was committed and to suspect the person arrested (no tort liability for mistake as to commission of felony)
Misdemeanor - only if committed in presence of arresting party
When is private party allowed to assert a Privilege of arrest?
Felony - ok if crime was actually committed and reasonable to suspect the person
arrested committed it (reasonable mistake only defense as to identity of felon)
Misdemeanor - private only if breach of peace
What are the torts for Harms to Property Interests?
- Trespass to chattels
- Conversion
- Trespass to land
- Nuisance
What are the elements of Trespass to chattels?
- Intentional interference with P’s right of possession by either—
• Dispossessing or
• Using or intermeddling with P’s chattel - Only intent to do the act is necessary—transferred intent applies
- Mistake of law or fact—about legality of actions is not a defense
- Damages (actual, loss of use, and nominal damages; no loss of use damages without dispossession)
- Remedy (compensation for diminished value or cost of repair)
What are the elements of conversion
- Intentional act
- Interference with P’s right of possession
- So serious (based on duration/extent, intent to assert a right, D’s lack of good faith,
extent of harm and P’s inconvenience) that it deprives P of the use of the chattel - Damages
What are the elements of Trespass to land
- Intent to enter land or cause physical invasion, not to trespass; transferred intent applies
- Physical invasion
- Proper P - anyone in actual or constructive possession of land
- Necessity as a defense
