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Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

Culpability Continuum

A

Negligence: Should have realized risk
Recklessness: Actually realized the risk of technical injury resulting
General Intent: Acting with substantial certainty that technical injury would result
Specific Intent: Desired for technical injury

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2
Q

What is an Intentional Tort

A

Intent is act is done with the purpose of causing of bringing about consequences/technical injury (specific) or act is done with substantial knowledge that it will certainly bring about consequence consequences/technical injury (general)

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3
Q

Person whom committed a tort

A

Tort Feaser

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4
Q

Applicable tort damages

A

Compensable and nominal

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5
Q

What things do not negate intentional torts

A

Mistakes, mental illness, age

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6
Q

Transfer Intent Doctrine

A

The necessary Intent to commit 5 specific torts transfer to those 5 specific torts. i.e if I can prove you had the necessary intent to to commit trespass to land but the actual injury that results was battery, then I have the necessary intent to prove battery

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7
Q

What intentional torts do Transfer intent doctrine apply to?

A

Battery, Assault, False imprisonment, Trespass to Land, Trespass to Chattel

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8
Q

Battery:

A

Harmful or offensive contact with the person of another.

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9
Q

Harmful contact:

A

contact resulting in physical impairment of the condition of another body or physical pain/ illness

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10
Q

Offensive contact:

A

bodily contact offending a reasonable sense of personal dignity.

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11
Q

What contact does not count as offensive contact

A

Ordinary contact which is contact that is customary and reasonably necessary to common intercourse of life

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12
Q

Contact for battery extends to

A

Touching anything connected with his person

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13
Q

Prima facie for Battery

A

An intentional (1) volitional act(2) that causes(3) harmful or offensive contact(4)

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14
Q

Assault:

A

intentional infliction of apprehension of imminent battery. Apprehension: “sees it coming”

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15
Q

Why do you have to be conscious to be assaulted ?

A

Because intent requires immanent apprehension

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16
Q

What is the prima facie case for Assult

A

An intentional (1) volitional act (2) that cause (3) apprehension of a immanent battery(4)

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17
Q

Trespass to Land

A

Intentionally causing entry into the real property of another

Unauthorized entry into the real property of another that interferes with the exclusive possession of property

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18
Q

Prima face elements for trespass to land

A

An intentional (1) volitional act (2) of interference(3) with possession of another land (4)

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19
Q

Real Property includes

A

all space upward or downward within reasonable limits

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20
Q

Trespass on land can occur from (3)

A
  1. failure to leave after consent/privilege has been terminated
  2. Enters another’s land or cause a thing or another person to do so
  3. Fails to remove a thing/structure after consent/privilege has been terminated
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21
Q

Damages on Trespass to land

A

Can be nominal or for any damage to land that occurs

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22
Q

Environmental Trespass

A

Intentional invasion of Microscopic particulate matter onto the real property of another

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23
Q

Damages for Environmental Trespass

A
  • Actual & Substantial damages required

* No nominal damages

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24
Q

Nuisance:

A

interference with possessor’s use and enjoyment of real property

25
Q

Interference in nuisance must be

A

substantial and unreasonable

26
Q

What torts allow nominal damanges

A

Battery,assault, trespass to land

27
Q

Trespass to Chattel

A

interference with possession of another’s chattel by causing
•either dispossession or impairment of condition, value, or quality or
•deprived of use for substantial period.
•Harm to something in which possessors has a legally protected interest.

28
Q

Chattel

A

Personal moveable property

29
Q

Damages in Trespass to chattel

A

no nominal damages,

diminution of value of chattel

30
Q

Conversion:

A

Intentional exercise of dominion or control over chattel of another that so seriously interferes with possession that defendant justly forced to pay full value for chattel before conversion

Value can be diminished without physical damage

31
Q

Intentional Inflection of Emotional Distress

A

By extreme & outrageous conduct intentionally or recklessly causes severe emotional distress in another.

32
Q

Emotional distress is limited to

A

limited to what a reasonable person would suffer under those circumstances.

33
Q

To inflict emotional distress one must

A

be aware of your presence

34
Q

Intentional torts concerned with what a reasonable person thinks

A 
False imprisonment (regard words)
Emotional Distress ( within context of the situation...limited to what a reasonable person would suffer under those circumstances) 
Battery under Offensive Contact
35
Q

Technical injury in a Battery & Assault

A

Technical injury in battery is harmful or offensive contact

Technical injury in assault is apprehension of imminent battery

36
Q

Technical injury in Trespass to Land & Chattel

A

TI Land: interference with possession of one’s real property

TI Chattel: interference with possession of one’s chattel (movable personal property)

37
Q

Technical injury in conversion & emotional distress

A

Emotional distress = severe emotional distress
Conversion: major destruction/interference of ones chattel ( so bad the possessor/owner is awarded market price value of chattel)

38
Q

Torts that allow nominal damages

A

Battery, Assault, Trespass to land, False imprisonment

39
Q

Affirmative Defense

A

When plaintiff can establish prima facie but defendant has reason why they are not liable

40
Q

Types of Affirmative Defenses

A
  • Consent
  • Defense to Self
  • Defense to Others
  • Defense of Real Property
  • Defense and Recovery of Personal Property
  • Necessity
41
Q

Consent:

A

Plaintiff may not recover for any intentional tort if it is established that the plaintiff was willing for the conduct or result to occur; when the plaintiff has manifest apparent consent OR when defendant is has privileged consent.

42
Q

Consent is a defense to what torts

A

All intentional torts

43
Q

In what ways can consent be implied or assumed

A

Implied would be doctors for emergency situations

Assumed can be based on local customs

44
Q

Consent cannot be procured by is limited by what

A

Fraud or duress , limited in scope

45
Q

Defense to Self

A

Privilege to use force to protect self against imminent serious bodily injury as long as defendant reasonably believes force is immediately necessary to avoid ongoing threat of injury.

46
Q

Defense of self & others force is limited to what

A

Force must be proportionate to threat

47
Q

Words and Defense of Self

A

Cannot use against words… must accompany threat of battery or assault

48
Q

Defense of Others

A

Privilege to use force to protect 3rd person against imminent serious bodily injury in the same way that a 3rd person could use force to protect themselves.

49
Q

Use of Deadly Force

A

Can only be used if you are being threated with deadly force

50
Q

Cannot use deadly force with what 2 torts

A

Chattel, Trespass to property

51
Q

For defense of real property, defendant must show

A
  • Plaintiff was committing trespass
  • Forced used was necessary to remove intruder from property
  • Trespassers were asked to leave 1st and refused or any such attempt would have been useless or resulted in substantial harm
52
Q

Defense & Recovery of Personal Property:

A

Privilege of reasonable force to recover chattel immediately after its dispossession and only when it can be done without unnecessary violence or breach of peace.

53
Q

Defense & Recovery of Personal Property is limited to what :

A

Fresh Pursuit … must act immediately after dispossession… cannot use force after thief as escaped.

54
Q

Defense & Recovery of Personal Property, you must 1st demand?

A

Must first demand return of chattel unless reasonably believes doing so is futile or dangerous.

55
Q

Necessity types

A

Public & Private

56
Q

Public Necessity -

A

Permits defendant to destroy, damage, or use the real property of another as long as defendant reasonably believes doing so is necessary to avert an imminent public disaster not connected with the plaintiff – Plaintiff cannot prevent someone acting in private necessity

57
Q

Private Necessity

A

will still have to pay for actual damage that occurs but not the tort; Not considered a wrong recognized by law; o Permits defendant to destroy, damage, or use the real property of another as long as defendant reasonably believes doing so is necessary to protect some interest unique to them. – Plaintiff cannot prevent someone acting in private necessity

58
Q

Which necessity offers a complete defense

A

Public Necessity…with private you still may have to pay for actual damages

Torts (4 decks)

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