Intentional Torts Flashcards
(41 cards)
What are the three basic elements to establish a prima facia intentional tort?
1) Volitional act by defendant
2) Intent
3) Causation
What are the two types of intent?
(i) specific, e.g. the goal in action is to bring about specific consequences
(ii) general, e.g. the actor knows with substantial certainty that these consequences will result
When does the doctrine of transferred intent apply?
When defendant intends to commit a tort against one person but instead:
(i) commits a different tort against that person,
(ii) commits the same tort as intended but against a different person,
(iii) commits a different tort against a different person
What does the doctrine of transferred intent stand for?
The intent to commit certain tort action against one person is transferred to the tort actually committed or to the person actually injured for purposes of establishing a prima facia case.
To what torts does the doctrine of transferred intent apply?
(i) assault
(ii) battery
(iii) false imprisonment
(iv) trespass to land
(v) trespass to chattels
What are the elements of the prima facia case for battery?
(i) harmful or offensive contact
(ii) to plaintiff’s person
(iii) intent
(iv) causation
What standard is applied in determining harmful or offensive contact?
Harmfulness and offensiveness are judged by a reasonable person standard
Contact is not considered offensive if it has been consented to.
What if Joe consents to an offensive contact, is that contact still deemed offensive?
No
Does the offensive contact need to be actual physical contact?
No, it can be direct or indirect.
Direct=punching
Indirect=setting a trap
Are damages required to show battery?
No. Nominal damages will suffice. Malicious conduct can result in the recovery of punitives.
What are the prima facia elements of assault?
(i) An act by defendant creating a reasonable apprehension in plaintiff;
(ii) Of immediate harmful or offensive contact to plaintiff’s person;
(iii) Intent;
(iv) Causation
Are words alone sufficient to constitute an assault?
No, absent words coupled with conduct. Words may negate reasonable apprehension (e.g. defendant shakes her fist but says she will not strike the plaintiff).
For an assault, what is the time frame for the apprehension? i.e. what if the plaintiff is put in apprehension for an act that will occur four days from the defendant’s conduct or action?
Immediacy is required. Plaintiff must be apprehensive that she is about to become the victim of an immediate battery.
What are the prima facia elements of false imprisonment?
(i) An act or omission on the part of the defendant that confines or restrains the plaintiff;
(ii) To a bounded area;
(iii) Intent; and
(iv) Causation
What are sufficient methods of confinement or restraint, for false imprisonment?
physical barriers, physical force, threats of force, failure to release, invalid use of legal authority
What are some insufficient methods of confinement or restraint, for false imprisonment?
Moral pressure or future threats
Is the time of the confinement relevant for establishing false imprisonment?
No.
In regards to awareness of the confinement, what must the plaintiff be aware of in a false imprisonment cases?
Plaintiff must know of the confinement OR be harmed by it.
Define a bounded area in terms of false imprisonment.
Freedom of movement must be limited in all directions. There must be no reasonable means of escape known to the plaintiff.
What are the prima facia elements required to establish intentional infliction of emotional distress?
(i) An act by defendant amounting to extreme and outrageous conduct;
(ii) Intent or recklessness;
(iii) Causation; and
(iv) Damages–severe emotional distress
What is extreme and outrageous conduct, with regards to IIED?
Conduct that transcends all bounds of decency.
When can conduct that is normally not outrageous become extreme and outrageous?
(i) It is continuous in nature;
(ii) Directed toward a certain type of plaintiff (children, elderly, pregnant women, supersensitive adults if the sensitivities are known to D)
(iii) It is committed by a certain type of defendant (common carriers or innkeepers may be liable for even gross insults)
What level of intent is required for establishing IIED?
Intentional action OR recklessness.
What is required in showing damages for IIED?
Actual damages, severe emotional distress. Proof of physical injury is not required. The more outrageous the conduct the less proof of damages that are required.
