Intentional Torts Flashcards
(52 cards)
1
Q
Intentional Torts - General Concept
A
Where there is intent to engage in conduct
- intent to harm is not necessary
- if intent to harm is present Transferred Intent Doctrine Applies
2
Q
Intentional Torts -Requirements - Intent to act not to harm / Standard, effect
A
- Standard: enough to “put force into motion” that leads to detrimental result
- very low bar affects even children and mental incapable
3
Q
Intentional Torts -Transferred Intent Doctrine / application, effect, types (2)
A
- For torts with intention to cause harm
- Expands liaiblity from tortfeasor/victim relation
- Can be:
- Btwn parties
- Btwn torts
4
Q
Intentional Torts - Transferred Intent - Between Parties /whom, result
A
- either for P or D when intention is the same
- Intent to to affect one person but affect another, the tort is satisfied in relation to the second
5
Q
Intentional Torts - Transferred Intent - Between Torts /what, result
A
- Intent trasnfers from intended tort to resulting tort
- For BAFTT:
- Battery
- Assault
- False Imprisonment
- Tresspass to land
- Tresspass to chattels
6
Q
Intentional Torts - Standard for victim / gral rule and exception
A
Gral Rule: ORDINARY PERSON (type of contact that oridnary person would object or be harmed)
- Heightened susecptibility of P doesnt change standard
UNLESS: D aware of heihgtened susceptibilty and therefore knew injury would be beyond ordinary person
+ rules for infliciton of emotional distress
7
Q
Intentional Torts - Negligence Claim Option Rule / when, effect
A
If act does not have elements for IT or if any defenses or privleges
- D can always be potentially liable on N
8
Q
IT - Battery - Elements (3)
A
- Harmful or offensive contact
- With the “dignity” of P - extendable to object closely associated
- No apprehension of contact by D necessary - doesnt have to be aware
9
Q
IT - Battery - Special Contact Rules / daily basis, nmechanical, self defense
A
- Some day-to-day contact is allowed and not tort (i.e. in the subway)
- Contact can be caused by person or mechanical device
- On self defense, battery if excessive force
10
Q
IT - Battery - Special Contact Rules - Medical Operation
A
Battery when:
- is non-emergency and wihtout consent
- Exceeds original consent by client
11
Q
IT - Assault (threat) - Elements (3)
A
- Intentional and unprivileged act
- Causing P’s mental apprehension of
- Inminent harmful or offensive contact to herself
12
Q
IT - Assault (threat) - Inmediate threat requirement / what, intention, apprehension, words
A
- Inminency is required - i.e. raised fit, pointed by gun
- Malice or intention to threat is not relevant - i.e. toy gun
- P needs to be aware
- Words usually dont qualify - unless it comes with gestures and behaviours
13
Q
IT - Difference btwn battery/assault
A
- Battery = contact vs Assault = threat
- P’s awareness: only necessary for assault
14
Q
IT - False Imprisonment - Elements (3)
A
- Intentional and unprivileged confinement or restrain
- By D aware of the act
- of P’s liberty against his will and w/out justification or consent
15
Q
IT - False Imprisonment - Confinement Requirement / intent, scape
A
- D must have had intent to physically bound P by force or threat
- if unintentional - possible N
- D must not have any way to escape
- D must not remain voluntarily
16
Q
IT - False Imprisonment - “Arrest” Rules /who, mistake
A
Arrest is privileged act by:
- Police: by the authority law and based on probable cause
- mistake allowed if reasonable basis
- Citizen: when in his presence
- liable if no warrant or crime
- no mistake allowed or excess over reasonable time to detain
17
Q
IT - False Imprisonment - “Shopkeeper Privilege” Rule / what, reqs (3)
A
- Statutory right (privlege) to temporary detain suspected shoplifter
- Reasonability test requirements:
- Reasonable basis for suspicion
- For reasonable time sufficient to conduct investigation
- Reasonable means of restrain or confinement
18
Q
IT - Tresspass to Land - Elements (3)
A
- D intentionally and physically
- Invades or wrongfully remains
- On P’s possessory interest in real property
19
Q
IT - Tresspass to Land - Intention Rules / voluntary, GF, remain
A
- Must be intentional and voluntary: i.e. no tresspass if pushed into property
- Good faith is irrelevant: i.e. survey wrong property
- “Remaining” in land after lawfull entry also tresspass: i.e. tenant holding over to leased property
20
Q
IT - Tresspass to Land - Necessity and Emergency Privileges
A
- Tresspasser not liable for nominal dx when entering property on emergency situation
- Pontentially liable for actual dx caused
- If public necessity - even actual dx precluded from recovery
21
Q
IT - Tresspass to Chattels - Elements
A
- Relatively minor use or intermeddling with personal property
- Of property owned/possessed by P
- Without his permission
- Without intention to exercise dominion over ituyf
22
Q
IT - Tresspass to Chattels - DX rules / proof, amount
A
- Required to prove actual dx
- No BAFTD - no nominal dx
- ie.e dx to chattel itself or deprivation of use for significant period of time
- If dx over 50% of value of chattel, better chances with conversion
23
Q
IT - Tresspass to Chattels - Privilege
A
- “Recapture of Chattels” (also for conversion)
- Allows owner/possesor to use reasaonble force to recover wrongfully taken chattel
- Limited to “hot pursuit” inmediatly after taking
24
Q
IT - Conversion - Elements (2)
A
- Wrongful exercise of dominion and control (claim of ownership)
- Over D’s personal property
25
IT - Conversion - DX Rules / proof, amount of recovery
* Actual dx (no "nominal" dx)
* Entitled to _Full Market Value + consequential loss_
* unless asset returned undamaged
26
IT - Conversion - Intention Rule
* No trasnferred intent
* D must have had intention to convert
27
IT - Conversion - Stolen Goods Rule
* Converter _CANNOT transfer title_ to BFP
* Owner has replevin right (repossession) AND "recapture of chattels" privilege
28
IT - Differences Conversion/Tresspass to Chattels (2)
1. Minor temporary comminglign vs intent to exercise control and domonion
2. Dx: conversion allows for more susbtantial dx
3. Mistake: not allowed as defense in relation to ownership
29
IT - Infliction of Emotional Distress or Outrage - Elements (3)
1. _Extreme/outrageous/ **reckless or intentiona**l_ conduct by D
2. Causing P to suffere _sever emotional or mental distress_
3. Manifested in objective symptoms (for which medical aid is usually required) [physical harm not required in most jdx]
30
IT - Infliction of Emotional Distress or Outrage - Dx Rules / proof, insults
* Proof of actual dx required
* Mere words/insults usually not enough EXCEPT for carriers or inkeepers
* Physical harm (as objective sympton) _not required_ in most jdx
31
IT - Infliction of Emotional Distress or Outrage - Intent Rules / trasnferred intent, N
* No transferred intent - actual intent to act on relation particular P required
* If Negligent D - lack of intent, usually more serious physical dx are required
32
IT - Infliction of Emotional Distress or Outrage - 3rd party P's Rule/ recovery when (3)
3rd parties allowed to recover when:
1. Family members
2. In the "zone of danger"
3. D knew of their presence and acted dangerously (i.e. wife witness husband being assaulted)
33
IT - Infliction of Emotional Distress or Outrage - P's heightened sensibility Rule / standard, exception (2)
* Gral Rule: Reasonable Person sensitivity
* Differs from gral tort rule of "Taking P as it comes"
* UNLESS:
1. D knows or should have known of special vulnerability
2. D has special trust of P (i.e. babysitter)
34
IT - Defenses and Privileges - Types (9)
1. Consent
2. Defense of self
3. Defense of others
4. Defense of property
5. Recapture of chattels
6. Necessity
7. Under Color of Law
8. Discipline
9. Justification - court created "catch-all"
35
IT - Defenses and Privileges - Consent - Elements (2)
1. P validly expressess or implies knowingly willingness
2. To accept consequence of D's act
36
IT - Defenses and Privileges - Consent - Requirements
* Has to be as informed appreciation of risks and dangers assumed
* Freely obtained under Reasonable Person Standard
* duress/fraud to induce consent invalidate defense
37
IT - Defenses and Privileges - Consent - Mistake Rules
* Mistaked in consent is allowed UNLESS:
* D knew of mistake
* D caused mistake
38
IT - Defenses and Privileges - Consent - Criminal Act Rule
* Consent to participate in criminal act OK as defense UNLESS
* law violated is one created for protection a class of people P is part of.
39
IT - Defenses and Privileges - Defense of Self - Elements (3)
1. Use of reasonable force
2. To protect from
3. Threatened, inminent, unprivileged harm against own person
40
IT - Defenses and Privileges - Defense of Self - Necessity Requirement
* D must have reasonably believed and apprehend force required to defend
* Mistake OK if reasonable under circumstances
41
IT - Defenses and Privileges - Defense of Self - 3rd party Injury Rule
Self defense usually allowed as dfense in relation to 3rd party injured for battery
* possible N action for the 3rd party
42
IT - Defenses and Privileges - Defense of Others - Concept + protected parties, use of force
3rd party acts as victim in use of self defense to protect other
* not limited to family members
* Only reasonable use of force (similar to self defense)
43
IT - Defenses and Privileges - Defense of Property - Elements / Timing!!!
1. Use of force
2. To _prevent_
* Before occurence, despite of possible recpature of chattels privilege
3. Entry onto land or taking of chattels
44
IT - Defenses and Privileges - Defense of Property - Use of Force Rules/ deadly?
* NO DEADLY force UNLESS as response to deathly force by attacker
* Reasonable under circumstances
* i.e. no bear traps, spring triggers
45
IT - Defenses and Privileges - Recapture of Chattels / by whom, type of force, mistake
* By owner owner towards thief
* use of reasoanble force DURING hot pursue
* Mistaken belief is not defense for owner
46
IT - Defenses and Privileges - Recapture of Chattels - Tresspass Defense
* Owner in hot pursuit and after demand to return
* Can tresspass into property to recover
* If "thief" innocent - owner is liable for dx caused by entry
47
IT - Defenses and Privileges - Necessity - Test
* Balance Test:
* apparent threatened injury VS harm to be inflicted in P's property
* Reasonable mistake is allowed
48
IT - Defenses and Privileges - Necessity - Types (2)+ effects
1. Public: Gral public interest
* Absolute privilege - not liable for any injuries or dx (i.e. firefighter breaking door)
2. Private: for self-interest
* has to pay for dx caused
49
IT - Defenses and Privileges - Under the color of Law / when, for whom
* For battery and false imprisonment
* Exercise by:
* Police officer: probable cause, reasoanble mistake ok
* Private Citizen: crime/felony committed on his presence, no mistake allowed
* Shopkeeper privilege: reasonable mistake ok
* To prevent crime: reasonable force
50
IT - Defenses and Privileges - Under the color of Law - Crime Prevention - Deadly force allowed when (2)
Fleeing subject
1. Posses threat of death
2. Has engaged in serious felony, i.e. armed robbery
51
IT - Defenses and Privileges - Discipline / whom, test
* For parents, teachers, military officials
* TEST:
* For parents: _was it legitimally motivated AND use of force was not more than reasonably necessary_
* For other: usually established by _rules and regulations_
52
IT - Defenses and Privileges - "Justification" - court created catch all - Gral Test/Rule
NO liaiblity for IT IF tort would have been committed by reasoanble person in similar circumstances
