Intentional Torts Flashcards
Elements of Battery
- Intent to cause a contact
- Harmful or Offensive Contact
- If Dual-Intent: Intent to cause a harmful or offensive contact
Elements of False Imprisonment
- Intentionally
- Confine
- Without lawful privilege
- Against plaintiff’s consent
- Within a limited area
- For any appreciable time, however short
- Plaintiff is aware of the confinement at the time or suffered harm.
Elements of Intentional Infliction of Emotional Distress
- Extreme and outrageous conduct
- Causing
- Severe emotional distress
- Intent or recklessness to cause severe emotional distress
Elements of Assault
- Defendant commits an act
- That puts the plaintiff in apprehension of an imminent harmful or offensive bodily touching
- Defendant acts with intent
Elements of Trespass to Land
- Plaintiff has ownership or possessory interest in the land.
- Defendant has intentional and tangible entry.
- This harms the Plaintiff’s interest in exclusive possession.
Elements of Conversion
- Intentional exercise of dominion
- Over a chattel
- Which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.
Elements of Trespass to Chattels
- Intentionally
- Physically interferes with the use and enjoyment of personal property
- Harm (damage or dispossession)
What is an offensive contact?
Restatement (3d) Torts § 103:
A contact is offensive if either:
(a) the contact offends a reasonable sense of personal dignity; or
(b) the contact is highly offensive to the other’s unusually sensitive sense of personal dignity, and the actor knows that the contact will be highly offensive to the other
Under (b), liability will not be imposed if it “would violate public policy” or if “requiring the actor to avoid the contact would be unduly burdensome.”
What is intent?
Intent is “Purpose or knowledge that a harmful or offensive contact is substantially certain to result.”
Are parents liable for the intentional torts of their minor children?
Parents are generally not liable for the intentional torts of their minor children, unless:
- The parent is at fault.
- The parent aids and abets the child’s conduct or there is a civil conspiracy between them.
- The parent is the child’s employer (see respondeat superior/vicarious liability).
- There is a relevant statute.
What is the Extended Personality Rule?
The Extended Personality Rule states that “touching something that is in contact with the plaintiff can constitute a battery.”
Example: Swatting at a woman’s skirt could constitute a battery under the Extended Personality Rule.
Does contact have to be direct?
No, contact does not have to be direct. Throwing a snowball, spitting on someone, or even sending a flashing .gif file to someone you know to be epileptic can all be indirect forms of contact.
What are the elements of Purposeful Infliction of Bodily Injury?
- The actor purposefully* causes bodily harm to the other, either by the actor’s affirmative action or by the actor’s failure to prevent bodily harm when the actor has a duty to prevent such harm; and
- The other does not effectively consent to the otherwise tortious conduct of the actor.
*Purpose is very subjective and difficult to prove.
What is the Doctrine of Transferred Intent?
Intent can transfer between the torts within the Writ of Trespass.
Is Conversion a tort covered within the Writ of Trespass and therefore subject to the Doctrine of Transferred Intent?
No, Conversion is not covered within the Writ of Trespass and therefore the Doctrine of Transferred Intent can not be applied to it.
