Intentional Torts Flashcards
(27 cards)
Transferred Intent
When D intends to commit a tort on someone but instead (1) commits a different tort against that person, or (2) commits the same tort as intended but against a different person, or (3) commits a different tort against a different person
Limited to BAFTT: Battery, Assault, False imprisonment, Trespass to land, trespass to chattels
Intent
May be specific or general. Actor DOES NOT need to intend the ACTUAL INJURY that results, just the intend the act that results in injury
Causation
D’s conduct must be a SUBSTANTIAL FACTOR in bringing about the injury
Battery
(1) Harmful or offensive conduct; (2) to a P’s person; (3) intent; and (4) causation (note: no damages required)
Offensive is reasonable person standard. Harmful is if it causes actual injury, pain, or disfigurement
Can be direct or indirect contact (setting a trap)
P’s person includes anything connection to the plaintiff (clothing, purse)
Can CONSENT to the offensive touching. Implied consent for ordinary contacts of everyday life (minor bumping)
damages not required. nominal damages if actual damages not proved. Malicious conduct can permit punitive damages
Assault
(1) an act by D creating a reasonable apprehension, (2) of immediate harmful or offensive contact to P’s person, (3) intent, and (4) causation
Reasonable person test for apprehension. P must be aware of threat to have apprehension
Requires immediacy of apprehended battery
damages not required. nominal damages if actual damages not proved. Malicious conduct can permit punitive damages
Words in Assault
Words alone are insufficient. Must be coupled with conduct. Words can NEGATE reasonable apprehension
False Imprisonment
(1) act or omission that CONFINES OR RESTRAINTS P, (2) to a bounded area, (3) intent, and (4) causation
Can be physical barriers, physical force, threats of force, failure to release, and invalid use of legal authority
Future threats insufficient
P must KNOW of the confinement or be harmed by it
Time is irrelevant
Bound: must be no REASONABLE means of escape KNOWN to P
damages not required. nominal damages if actual damages not proved. Malicious conduct can permit punitive damages
IIED
(1) extreme and outrageous conduct; (2) intent or recklessness; (3) causation; and (4) DAMAGES – SEVERE emotional distress
NOTE: recklessness suffices unlike other intentional torts. Also requires damages, but physical damge not required
Extreme and Outrageous Conduct for IIED
Transcends all bounds of decency
conduct not normally outrageous may become so if (1) continuous in nature; (2) directed toward a certain P (children, elderly, pregnant, known sensitive ppl); (3) committed by a certain type of D (common carriers, innkeepers)
Bystander IIED
when P suffers IEED from D’s intentional harm to a third person, P may recover by showing either prima facie IIED or that (1) she was PRESENT when injury occurred, (2) she is a CLOSE RELATIVE of injured person, AND (3) D knew 1 and 2
Trespass to Land
(1) Physical Invasion of P’s REAL PROPERTY; (2) intent; and (3) causation
Can be by person or object. If intangible, it is a nuisance case.
Real property includes airspace and subsurface
D need only intend to enter onto piece of land (no malicious requirement)
NOTE: No damages required
NOTE: anyone in ACTUAL or CONSTRUCTIVE possession of the land can bring an action, even if that possession is without title or right. Someone not in possession generally has no right to sue (e.g. a landlord when there is a tenant). Majority exception if there is a trespass that causes injury to land, such as permanent damage
Trespass to Chattels
(1) Act by D that interferes with P’s right of possession in a chattel; (2) intent; (3) causation; and (4) damages
can be intermeddling (damages) or dispossession
Intent to trespass not required, mere intent to do the act is all that is needed. Mistaken belief is no offense
Actual damages to at least a possessory right are required
Conversion
(1) interference w/ p’s right of possession in a chattel; (2) that is so serious that it warrants requiring full payment of the chattel; (3) intent; and (4) causation
Mistake to ownership is no defense. Intent to do the act is enough
Damages are FMV at the TIME OF CONVERSION or REPLEVIN
Consent
consent to D’s conduct is defense, but CANNOT consent to a criminal act
Must have capacity. Can’t consent if you lack capacity (NOTE: capacity is no defense to intentional torts though. Everyone has capacity to commit a tort, but not to consent to a tort)
Express Consent
D is not liable if P expressly consents to D’s conduct
Exceptions: (1) If d knew of and took advantage of P’s mistake in consent; (2) consent induced by fraud if it goes to an essential matter; or (3) consent obtained by duress, unless if only FUTURE threats
Implied Consent
Apparent consent when a reasonable person would infer from custom, usage, or conduct
Ex: contacts inherent in sports, ordinary incidental contact;
Consent implied by law
When action is necessary to save a person’s life or some other important interest in person or property. Form of implied consent
NOTE: (house on fire in refresher)
Self-Defense
Force used when a person reasonably believes she is or about to be attacked
Reasonable mistake as to existence of danger is allowed
May use only reasonably necessary force to prevent the harm. If use more force than necessary, defense is lost
Defense can extend to third-party injuries caused while actor was defending herself, unless done deliberately
Duty to Retreat
Never a duty to retreat in one’s home
Majority rule: NO DUTY TO RETREAT
Modern trend: imposes duty to retreat before using deadly force if it can be done safely, UNLESS in the home
Defense of Others
Force may be used to defend another when reasonably believes that the other person could have used the force himself
Reasonable mistakes allowed
Defense of Property
May use reasonable force to prevent commission of a tort against her real or personal property
Request to desist must FIRST be made UNLESS it would clearly be futile or dangerous
Reasonable mistake is allowed as to whether an intrusion has occurred or whether request to desist is required.
Reasonable force may be used, but can NEVER use force causing death or serious bodily harm to protect the home, unless there is an invasion of property that entails a serious threat of bodily harm
NOTE: if D is privileged to enter, can’t use this defense
Recapture of Chattels
If lawful possession, can only use PEACEFUL means to recover chattel.
If in HOT PURSUIT of wrongful possession (theft), can use Force. Must first make a timely demand to return unless clearly futile or dangerous
Can only recapture from wrongdoer. Can’t recapture if now in the hands of an innocent party
Entry on Land to Remove Chattel
Privileged to reasonably enter onto land and reclaim chattel, if first made a demand for the chattel
If on land of innocent party, owner may enter and reclaim if reasonable and gave notice of presence of chattel, but refusal to return
Shopkeeper’s Privilege
Shopkeepers may detain a suspected shoplifter for investigation
(1) REASONABLE BELIEF as to the fact of theft; (2) detention must be in a REASONABLE MANNER; (3) only NONDEADLY force is used; and (4) detention was for a REASONABLE PERIOD OF TIME and only for the purpose of making an investigation
