Intentional Torts Flashcards
(49 cards)
What are the three elements required for every intentional tort?
The 3 elements of every intentional tort are:
- intent;
- an affirmative act; AND
- causation
TIP: each tort claim has its own unique elements but these three are for all intentional
What is the legal standard for establishing the intent to harm?
Whether the ∆ had the intent to harm in tort law is measured by whether they acted with the desire to cause the touching or believed that a touching was substantially certain to result from their act
TIP: everyone is capable of intent **even children and mentally incompetent are liable for intentional torts
Is intent in tort law measured subjectively or objectively?
SUBJECTIVELY (whether the ∆ intended to cause the harm is based on their subjective mindset when they acted
TIP: basic Q is not what a reasonable person would have desired/believed, but what the particular ∆ in fact desired/believed
Transferred Intent
MAY ONLY be invoked if both the tort that occurred and the tort that was intended are one of the following:
-assault
-battery
-false imprisonment
-trespass to land
-trespass to chattels
4 Elements of Battery
Four Elements are:
- intent
- an affirmative act by the ∆
- harmful or offensive touching to the π’s person; AND
- causation
TIP: π must also prove they did NOT CONSENT to the battery
How is the “harmful or offensive contact” element of a battery satisfied?
Either “harmful” or “offensive” touching suffices to support a battery claim:
- “harmful” - if it injures, disfigures, impairs, or causes pain to any bodily organ or function
- “offensive” if it would offend a reasonable person’s sense of personal dignity
TIP: implied consent applies to battery
What are the 4 elements of assault?
4 elements are:
- intent
- an affirmative act by the ∆
- apprehension of imminent harmful/offensive contact by π AND
- causation
TIP: mere fear, intimidation, or threats are NOT sufficient
What are the 4 elements of false imprisonment?
- intent to confine
- an affirmative act
- confinement AND
- causation
TIP: the π must be aware of their confinement to constitute false imprisonment
What is the legal standard for “confinement” under false imprisonment?
A ∆’s INTENTIONAL act must result in the confinement of the π:
- w/in boundaries fixed by ∆
- for some period of time
- even if for a short period of time
- restricted to a limited area AND
- without the knowledge of a reasonable means of escape
TIP: future threats of imprisonment are insufficient to constitute confinement
What is a “bounded area” in the context of false imprisonment?
a specific area in which the π is completely confined by the ∆’s acts
TIP: there is no confinement if reasonable means of escape are available and known to the π
What are the 4 elements of intentional infliction of emotional distress?
- intent
- extreme and outrageous conduct by ∆
- causation AND
- severe emotional distress
TIP: whether the ∆’s conduct is sufficiently outrageous enough to cause mental anguish will be a fact-based determination
What is the legal standard for establishing “extreme and outrageous conduct”?
are words or conduct that exceed “all bounds of decent behavior
TIP: in determining whether conduct is extreme and outrageous, courts will consider the “totality of the circumstances” not each isolated individual incident
When may a bystander (3rd party) recover under intentional infliction of emotional distress?
A ∆ is liable for IIED for conduct directed at members of the π’s family, if the plaintiff/bystander was present AND ∆ knew of the plaintiff/bystander’s presence
TIP: π need not be present to hold the ∆ liable if they can establish that the ∆’s actions against 3rd party were part of the ∆’s design or purpose to cause the π severe distress
What are the 4 elements of trespass to land?
- intent
- act by the ∆
- intrusion upon the π’s land AND
- causation
TIP: actual damages are usually not required
What are the 5 elements of trespass to chattels?
- intent
- act by the ∆
- invasion of the π’s chattel interest
- causation AND
- damages
TIP: there must be actual damage/dispossession to sue for trespass to chattels
What are the 4 elements of conversion?
- intent
- act by the ∆
- substantial invasion of the π’s chattel interest AND
- causation
TIP: the diff between trespass to chattels and conversion is that conversion requires a more serious intermeddling of the π’s property
What are the 5 available defenses for intentional tort claims?
- consent
- self-defense
- defense of third persons
- defense of land/chattels
- privilege
When may a π use self-defense to protect themselves from intentional torts?
A ∆ is privileged to use force when they have a reasonable apprehension of bodily contact and the amount of force they use does not exceed what is reasonably necessary to prevent the harm
TIP: deadly force may be used if the ∆ reasonably believed the attacker was about to inflict death or serious bodily harm
When may a ∆ validly defend their land or chattels w/ force?
∆ privileged to use force when a π intrudes w/out privilege and the ∆ reasonably believes force is necessary to terminate the π’s intrusion, as long as the force is not likely to cause death/serious bodily harm
TIP: ∆’s may NOT use deadly force to defend land/chattels
What is the defense of “necessity”?
a ∆ may interfere w/ the real or personal property of another if it is reasonably necessary to avoid a substantially greater harm to the public, to themself, or to their property
TIP: for example, averting public disaster gives a ∆ a complete privilege to enter land if it was reasonably necessary to avoid the disaster
Must a battery cause physical contact between the ∆ and the π’s body?
NO.
Battery requires the harmful or offensive touching of the π’s person OR something so closely associated w/ the π as to make the touching tantamount to a physical invasion of the π’s person
TIP: for example - things “closely associated” w/ the π’s person would include a situation where the ∆ knocks the π’s hat off their head or grabs a plate out of their hands
Must a π be aware of the offensive contact to have a claim for battery?
NO
Must the π be aware of ∆’s imminent act to recover for assault?
YES
TIP: distinguish from battery, which does NOT require the π to be aware of ∆’s act
What are the three types of arrest privileges in tort law?
- arrests for felonies w/out an arrest warrant
- arrests for misdemeanors w/out an arrest warrant
- arrests under a warrant
