Intentional Torts Flashcards
(44 cards)
What are the three main elements of ALL intentional torts?
- An (volitional) act by D
- Intent by D
- Causation of the result to P from D’s act
For intentional torts, is the hypersensitivity of P considered?
No. It is a reasonable person standard
Is incapacity a defense for intentional torts?
No, even young children who are mentally competent are liable for their intentional torts
What intent is required for intentional torts?
The intent to bring about the forbidden consequences that are the basis of the tort
NOT the intent to cause the specific injury that results
What is the doctrine of transferred intent?
The transferred intent doctrine applies when Dintends to commit a tort against one person but instead:
- Commits a different tort against that person
- Commits the same tort as intended but against a different person OR
- Commits a different tort against a different person
intent to commit a certain tort against one person is transferred to the tort actually committed or to the person actually injured
Transferred intent can only be invoked if both the intended and transferred tort are one of the following five torts:
- Assault
- Battery
- False Imprisonment
- Trespass to Land
- Trespass to Chattels
How do we determine causation for intentional torts
Causation is satisfied if the defendant’s conduct was a substantial factor in bringing about the injury.
What are the elements of battery?
- An act by D which brings about harmful or offensive contact to P’s person;
2) D’s Intent to bring about harmful or offensive contact to the P’s person; and
3) Causation.
What constitutes harmful or offensive touching?
Harmful = causes actual injury, pain, or disfigurement
Offensive = would it be offensive to a reasonably person? / unconsented-to contact
Does contact need to be direct for battery purposes?
No.
Contact can be directly to P’s person (includes anything connected to person)
Contact can be indirect (e.g., poisoning)
What are the elements of assault?
1) An act by D creating a reasonable apprehension in P of immediate harmful or offensive contact to P’s person;
2) D’s intent to bring about in the P’s apprehension of immediate harmful or offensive contact with the P’s person; and
3) Causation.
How is apprehension determined for assault?
Is fear required?
Is knowledge of the threat of the act required?
Does it matter if D cannot actually commit the battery?
Apprehension of harmful or offensive contact must be REASONABLE
No, fear is not required
Yes, knowledge of the threat from D’s act is required.
No, D’s apparent ability to commit a battery is sufficient
How do D’s words factor into whether P had reasonable apprehension?
Words alone are generally not enough but can be if coupled with conduct
Words can negate reasonable apprehension
Do threats to commit future battery constitute an assault?
No, this does not satisfy the immediacy requirement.
What are the elements of false imprisonment
1) D’s act or omission to act that confines or restrainsP to a bounded area;
2) D’s intent to confine or restrain P to a bounded area; and
3) Causation.
What are methods of confinement or restraint sufficient for false imprisonment?
- Physical Barriers
- Physical Force (to P or fam)
- (In)direct Threats of Force
- Failure to Release Under Legal Duty to do so
- Invalid use of legal authority
Is it relevant how short the period of confinement is for false imprisonment?
No.
Does P need to be aware of the confinement for false imprisonment?
Yes (or be harmed by it)
What is a bounded area for false imprisonment?
Freedom of movement must be limited in all directions
No REASONABLE means of escape KNOWN to P
What are the elements of IIED?
1) D’s act amounting to extreme and outrageous conduct;
2) D’s intent to cause P to suffer severe emotional distress, or recklessness as to the effect of D’s conduct;
3) Causation; and
4) Damages—severe emotional distress.
What is extreme or outrageous conduct for IIED?
Transcends all bounds of decency
Non-outrageous behavior can become outrageous if it is
* continuous
* done by a certain type of D (e.g., innkeeper, common carrier)
* directed toward a certain P (child, elderly, pregnant, sensitive if D knew)
What is the requisite intent for IIED?
D’s recklessness as to the effect of his conduct will satisfy the intent requirement.
Are actual damages required for IIED?
YES (only intentional tort where it is not just nominal)
To recover, P must show SEVERE emotional distress
Physical injury is not required but can evidence emotional distress
What are the elements for trespass to land?
1) An act of physical invasion of plaintiff’s real property by defendant;
2) Intent on defendant’s part to bring about a physical invasion of plaintiff’s real property; and
3) Causation.
