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Intentional Torts Flashcards

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1
Q

What is transferred intent in torts?

A

Transferred intent occurs when a defendant intends to commit a tort against one person but commits a different tort against that person, commits the same tort against a different person, or commits a different tort against a different person.

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1
Q

What is intent for the purpose of intentional torts?

A

Intent is the intent to bring about the forbidden consequences that are the basis of the tort (purposeful or deliberate)

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2
Q

What intentional torts does transferred intent not apply to?

A

IIED and conversion

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3
Q

Who is capable of intent?

A

Everyone, even minors.

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4
Q

What are the elements of tort battery?

A

(1) intent to cause a harmful or offensive contact
(2) a harmful or offensive contact
(3) with the plaintiff’s person

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5
Q

When is contact offensive?

A

Contact is offensive when it would be offensive (unpermitted or unconsented) by a reasonable person.

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6
Q

When is consent to a contact implied?

A

Consent to a contact is implied in ordinary contacts of everyday life.

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7
Q

Does contact have to be direct to constitute the intentional tort of battery?

A

No, conduct could be indirect (e.g. setting a trap).

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8
Q

What is the plaintiff’s person?

A

The plaintiff’s person is anything connected to the plaintiff.

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9
Q

Must a plaintiff suffer damages to recover for battery?

A

No. If there are no damages, the plaintiff may still recover nominal damages.

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10
Q

Are punitive damages available for battery?

A

Yes, if the conduct was malicious.

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11
Q

What are the elements of assualt?

A

Assault is
(1) an act by the defendant creating a reasonable apprehension in the plaintiff
(2) of an immediate battery
(3) with intent to do the act

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12
Q

What is apprehension in the context of assault?

A

Apprehension means the plaintiff knows a contact is imminent.

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13
Q

For the purpose of assault, must the defendant have the actual ability to complete a battery?

A

No, apparent ability to complete a battery is sufficient.

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14
Q

Are words enough to create a reasonable apprehension for assault?

A

Mere words are not enough. They must be accompanied by some conduct.

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15
Q

May words negate reasonable apprehension in assault?

A

Yes.

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16
Q

Must a plaintiff suffer damages to recover for assault?

A

No. If there are no damages, the plaintiff may still recover nominal damages.

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17
Q

Are punitive damages available for assault?

A

Yes, if the conduct was malicious.

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18
Q

What is false imprisonment?

A

False imprisonment is
(1) an act or omission on the part of the defendant that confines or restrains the plaintiff, and
(2) the plaintiff is confined to the bounded area
(3) with the intent to confine

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19
Q

What restraints are sufficient for false imprisonment?

A

(1) physical barriers
(2) physical force against plaintiff, her immediate family, or personal property
(3) direct or implied threats of force
(4) failure to release plaintiff when under a legal duty to do so
(5) invalid use of legal authority

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20
Q

Can false arrest be achieved by moral pressure?

A

No.

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21
Q

Can false arrest be achieved by future threats?

A

No.

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22
Q

Must the confinement in false arrest be for any particular length of time?

A

No.

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23
Q

Must the plaintiff be aware she is being confined to prevail on false arrest?

A

The plaintiff must know of the confinement or be harmed by it.

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24
What is intentional infliction of emotional distress?
Intentional infliction of emotional distress occurs when (1) an act by the defendant is extreme and outrageous conduct (2) the plaintiff suffers severe emotional distress, and (3) the defendant acts intentionally or recklessly as to the effect of his conduct
25
What is extreme and outrageous conduct?
Conduct is extreme and outrageous when it transcends all bounds of decency tolerated by a civilized society.
26
When may ordinary conduct become extreme and outrageous conduct?
(1) it is continuous in nature (2) it is committed by certain defendants (e.g. common carriers or innkeepers) (3) it is directed toward a certain type of plaintiff (e.g. children, elderly, pregnant, supersensitive people when sensitivities known to defendant)
27
Must a plaintiff show actual damages to prevail on an IIED claim?
Yes, there must be severe emotional distress.
28
What is the only intentional tort that requires damages?
IIED
29
May a plaintiff prevail on an IIED claim if she was a bystander?
Yes, the plaintiff may recover if the defendant's conduct was targeted at a third person, if she makes a prima facie showing of emotional distress or if she shows (1) she was present when the injury occurred (2) the distress resulted in bodily harm or plaintiff is a close relative of the third person, and (3) the defendant knew these facts
30
What is a trespass to land?
A trespass to land is a physical invasion of the plaintiff's real property.
31
What is a physical invasion?
A physical invasion is when a person or object enters land.
32
Can an intangible matter like smell physically invade land?
No. It might be nuisance though.
33
Where does the real property extend for trespass to land?
Real property includes the surface, airspace, and subterranean space within a reasonable distance
34
Who has the right to a claim for trespass to land?
The possessor has the claim for trespass.
35
What intent is required for trespass to land?
The defendant need only enter on the land.
36
Does a defendant need to be aware that land belongs to someone else in trespass to land?
No. The defendant does not need to know the land belonged to someone else.
37
Must a plaintiff show actual damages to prevail on a claim for trespass to land?
No.
38
What is trespass to chattels?
A trespass to chattels is an act by a defendant that interferes with the plaintiff's right of possession to a chattel.
39
What kinds of interference may constitute trespass to chattels?
The interfering may be intermeddling (damaging) or dispossession (taking).
40
What intent is required for trespass to chattels?
The defendant need only do the act of interference.
41
Does it matter for the purpose of trespass to chattels if the defendant made a mistake as to property ownership?
No.
42
Must a plaintiff show actual damages to prevail on a claim for trespass to chattels?
Yes. The damage must be to a possessory right, not necessarily to the chattel itself.
43
What is conversion?
Conversion is an act by a defendant that interferes with the plaintiff's right of possession to a chattel that is serious enough in nature to warrant that the defendant pay the chattel's full value.
44
What are acts of conversion?
Theft, wrongful transfer, wrongful detention, or substantially changing, damaging, or misusing the chattel.
45
What intent is required for conversion?
The defendant need only do the act of interference.
46
Does it matter for the purpose of conversion if the defendant made a mistake as to property ownership?
No.
47
What is the difference between trespass to chattels and conversion?
Conversion is a more serious interference with the plaintiff's right of possession. Small harm is trespass to chattels, big harm is conversion.
48
What kind of chattel is subject to conversion?
Only tangible personal property and intangible property that has been reduced to physical form are subject to conversion.
49
What are the remedies for conversion?
The remedies are damages (the full market value of the chattel) or replevin (recovery of possession).
50
May a plaintiff consent to an intentional tort?
A plaintiff may consent to a defendant's act. The majority view is that if the act is criminal, the plaintiff cannot consent.
51
Can a minor or incapacitated person give consent?
A person without capacity cannot consent. A person with limited capacity can consent to things within the scope of their unerstanding.
52
What will undo express consent?
(1) a mistake will undo consent if the defendant knew of the mistake and took advantage (2) fraud will undo consent if it goes to an essential matter (3) duress with undo consent unless the duress resulted from threats of future harm or future economic deprivation
53
What is implied consent?
Implied consent is inferred from custom or usage or the plaintiff's conduct.
54
What happens if a defendant exceeds the scope of consent?
The defendant will be liable.
55
When do protective privileges apply?
Protective privileges apply to prevent the commission of a tort. Already committed torts do not qualify.
56
What is self defense?
A person may use as must force as reasonably necessary to protect against injury when the person reasonably believes she is being attacked or is about to be.
57
Is there a duty to retreat before using force?
The majority view is there is no duty to retreat. The modern trend requires retreat before using deadly force if is can be done safely, unless the actor is at home.
58
Is self defense available to the initial aggressor?
No, unless the other party responds to the aggressor's nondeadly force with deadly force.
59
Does self defense extend to third parties injured by the self defense?
Yes, unless the actor deliberately injured the third party.
60
Is mistake about the danger allowed in self defense?
Yes, a reasonable mistake as to the existence of danger is allowed.
61
How much force may be used in self defense?
A person may use the force that reasonably appears to be necessary to prevent the harm.
62
When may a person use force to defend others?
A person may use force to defend others when she reasonably believes that the other person could have used force to defend herself.
63
Is mistake about the ability of the other to defend herself allowed in defense of others?
Yes, a reasonable mistake as to whether the other person could defend herself is allowed.
64
How much force may be used in defense of others?
A person may use the force that could have been used in self defense if she was the one threatened by injury.
65
May a person use force to protect property?
Yes, but a request to desist or leave must be made first, unless it would be futile or dangerous to make the request.
66
May force be used for a property tort that has already been committed?
No, unless the person using force is in hot pursuit of a person who has tortiously dispossessed chattels.
67
Is mistake allowed in the defense of property?
Mistake is allowed as to whether an intrusion occurred and whether a request to desist was required. Mistake is not allowed when the entrant has a privilege, unless the entry is conducted such that the defendant reasonably believed it was not privileged.
68
How much force may be used to defend property?
Reasonable force is allowed, but force which could cause serious bodily injury or death is not.
69
What is shopkeeper's privilege?
A shopkeeper has a privilege to detain a suspected shoplifter if (1) there is a reasonable belief as to the fact of the theft (2) the detention is conducted in a reasonable manner and uses only nondeadly force (3) the detention lasts only a reasonable period of time.
70
Can someone use force to reenter land?
No. Self-help is not allowed. Ejectment can be used to recover possession.
71
May force be used to recapture chattels?
If the other's possession began lawfully, force may not be used. Reasonable force may be used to recapture a chattel only when in hot pursuit.
72
What torts does necessity apply to?
Necessity only applies to property torts.
73
What is the defense of necessity?
A person may interfere with the real or personal property of another when it is reasonably and apparently necessary in an emergency to avoid injury from a natural or other force and when the injury threatened is more serious than the invasion.
74
When does public necessity arise?
Public necessity arises when a defendant acted to avert an imminent public disaster.
75
What is private necessity?
Private necessity is when the harm threatens only a limited number of people.
76
Must an actor pay damages when there is a necessity defense?
If it is a public necessity, no. If it is a private necessity, the defendant must pay for any injury caused, unless the act was to benefit the property owner.
77
What acts are allowed under the defense of necessity?
An actor an enter the land without permission without liability for nominal or punitive damages. The actor has a privilege to stay as long as the emergency continues.

Torts (4 decks)

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