Torts Final New Flashcards
Intentional Torts
Battery Assault False Imprisonment Intentional Infliction of Emotional Distress Trespass to Land Trespass to Chattels
Defenses to Intentional Torts
Privilege Consent Insanity Defense of Property Recapture of Chattels Private Necessity
General Rule of Extent of Damages for Intentional Torts
● You are liable for what results from the action, not just what is foreseeable
● Once you have the intent to commit, you are liable for any harm that flows directly from that tort, whether foreseeable or not
Battery Rule
battery occurs when an actor intends to make a harmful or offensive contact with another AND that harmful or offensive contact occurs
Battery Intent
acting with the purpose of producing the consequence or knowing that the consequence is substantially certain to result
In a SINGLE INTENT jurisdiction, a person must act ONLY act with intent to make contact, regardless if that contact is harmful or offensive
In a DUAL INTENT jurisdiction, a person must act with the intent to make contact AND for that contact to be harmful or offensive
TRANSFERRED INTENT: if A intends to hit B, but A unintentionally hits C, then A is liable to C as the intent to hit B transfers
• The required intent is to contact a person, but regardless which person is actually hit you are liable
Battery Conduct
any voluntary act that leads to contact with a person, or to an object that closely identifies with that person (can be direct or indirect)
Battery Result
harmful or offensive contact to a person, or to an object that closely identifies with that person
HARMFUL CONTACT: causes actual injury, pain, or disfigurement
OFFENSIVE CONTACT: contact that would be considered offensive by a reasonable person of ordinary sensibilities
Battery Other Rules
o Causing contact to occur between a person and a third party, or a person and an object can still constitute a battery
o Plaintiff does not need to know/have knowledge of the battery in order to make a prima facie case
Assault Rule
assault occurs when the actor intends to cause harmful or offensive contact OR an imminent apprehension of such a contact AND the person is put in such imminent apprehension
Assault Intent
is acting with the purpose of producing the consequence or knowing that the consequence is substantially certain to result
Intent to cause imminent apprehension (intent to make P anticipate the contact) OR intent to cause harmful or offensive contact (intent to inflict an actual battery)
TRANSFERRED INTENT
Assault Conduct
an offer or attempt (attempt to strike- could miss) to make contact
Assault Result
imminent apprehension of harmful or offensive contact
Assault Other Rules
o Mere words/threats or future threats are not assault
o Plaintiff must have knowledge of the assault in order to make the prima facie case
o Imminent: with no significant delay
o Apprehension: believing that the actor is going to inflict contact (anticipation of contact)
Assault is designed to protect
your peace of mind & your anticipation of force against you
Attempt to contact, person put in imminent apprehension, but miss
Assault
Attempt to contact, person put in imminent apprehension, contact occurs
Assault and Battery
Contact from behind, person not put in imminent apprehension, contact occurs
Battery
False Imprisonment Rule
actor intends to confine another in an enclosed space, resulting in total involuntary confinement of another & the other is aware of confinement
False Imprisonment Intent
Intent to confine
False Imprisonment Conduct
the act that directly or indirectly leads to a total confinement
Even if there is a means of escape, if that means is unreasonable it is confinement (injury to yourself, or others, or harm your dignity)
False Imprisonment Result
total and involuntary confinement, and the person is aware of that confinement
Not False Imprisonment
o As long as there is a safe alternative that the person knows about or there is a reasonable means to escape, you are not imprisoned
o Partial obstruction or disturbance
o Plaintiff has reasonable means to escape
o An area of confinement so large (i.e. United States)- The larger the area, the more likely a court will say you have freedom of movement
o Voluntary submission to confinement (consent)
o Plaintiff’s mere belief that they are confined (without knowledge for sure)
o Restraint that is reasonable under the circumstances
Shopkeeper’s Exemption to False Imprisonment
If a shopkeeper suspects someone is shoplifting and detains that person to determine whether they are, no false imprisonment; has to be reasonable suspicion, reasonable circumstances, and reasonable manner
Confinement by Omission
failure to release someone when they have an obligation to be freed