Intentional Torts Flashcards
(18 cards)
What are the three elements of a prima facie intentional torts claim?
- Act by D (requires some volitional movement)
- Intent - specific or general (specific = intent to bring about specific harm; general = substantial certainty that tortious conduct will result from D’s act)
- Causation - substantial factor; D’s conduct must be a substantial factor in bringing about the resulting harm.
What four intentional torts does the transferred intent doctrine apply to?
Assault Battery False Imprisonment Trespass to land or chattel (does not apply to IIED or bystander claims for emotional distress)
What is the transferred intent doctrine?
it arises when D acts with the intent to commit a given tort but either commits it against a different person than intended or commits a different TORT than intended. (can also be both)
What is the intentional tort of assault?
An intentional act by D creating P’s reasonable apprehension of immediate harmful or offensive contact to P’s person. (Also considered an attempted battery)
What are the four elements of assault?
- An act by D that creates a reasonable apprehension in P (apprehension = knowledge)(apparent ability is sufficient - as long as it could reasonably create P’s apprehension)
- of immediate harmful or offensive contact to P’s person
(P must apprehend an immediate or imminent battery; words or threats of future battery are usually insufficient, unless coupled with some overt act , e.g. picking up a weapon, clenching fists etc.) - Intent
- Causation
What is the intentional tort of battery?
An intentional harm or offensive contact to P’s person by D.
What are the four elements of the intentional tort of battery?
- Harmful or offensive contact by D (reasonable person standard - would a reasonable person think the contact is harmful or offensive?)
- To P’s person (includes anything connected to P’s person, e.g. P’s hat)
- Intent
- Causation (indirect contact is sufficient - e.g. causing the force that gives rise to harmful or offensive contact,, like greasing the floor so that P will slip and fall.
What is the intentional tort of false imprisonment?
An act or failure to act by D resulting in P’s restraint or confinement to a bounded area.
What are the four elements of the intentional tort of false imprisonment?
- An act (or omission) resulting in P’s restraint or confinement (does not have to by physical - e.g. threats of force, or an invalid use of legal authority)(duration is not important - brief confinement will suffice).
- P is confined to a bounded area. (P must be aware of or harmed by the confinement; P’s freedom of movement must be limited; P must have no reasonable means of escape – if a reasonable person could get out (e.g. by opening an unlocked door), no false imprisonment.
- Intent
- Causation
What is the shopkeeper’s privilege?
A store may detain a suspected thief if:
- The store has reasonable cause to believe a theft occurred
- The store detains suspect only for a reasonable period and for purposes of investigation.
- Detention must be reasonable; only non-deadly force is allowed
NOTE: the shopkeeper may be held liable for any harm caused by acts exceeding the privilege
What is the intentional tort of intentional infliction of emotional distress?
Extreme and outrageous conduct by D causing P’s severe emotional distress.
What are the four elements of the intentional tort of intentional infliction of emotional distress?
- Extreme or outrageous conduct by D (exceeds the bounds of decency in society) (mere insults alone are insufficient);
- non outrageous conduct may be actionable if D targets P’s known sensitivity or weakness; D’s conduct is continuous or repetitive; D targets a P who is a member of a “fragile” class; D is a common carrier or innkeeper. - Severe emotional distress in P (must suffere severe emotional distress from D’s conduct – PHYSICAL SYMPTOMS NOT NECESSARY) Note: watch for facts indicating extreme, outrageous conduct but P is unbothered - this is not IIED.
- Intent or recklessness = D disregards the likely consequences of his acts
- Causation
What is a bystander claim for emotional distress?
A bystander closely related to a person physically injured or killed by D’s conduct may recover for emotional distress.
What are the four elements of a bystander claim for emotional distress?
- D’s conduct seriously injured or killed a third person. (can be negligent or intentional; injury can result from a product defect; bystander recovery is not available for medical malpractice).
- P is closely related to the injured person (this element is not required if P shows that D had a design or purpose to cause P severe distress)
- P was present when the injury occurred (P must clearly witness the injury-causing event)
- P suffers severe emotional distress (physical manifestation is not required)
What is the intentional tort: trespass to land?
A physical invasion of P’s real property by D.
What are the elements of the intentional tort of trespass to land?
- Physical invasion of P’s real property by D (enters property or propels an object onto it)(P’s ownership is not required - can have actual or constructive possession)(Must be a physical invasion – light, sound smell are not trespass)(real property includes surface space, airspace, and subterranean space to a reasonable distance).
- Intent (but D does not need to know the land belongs to another)
- Causation
NOTE: Damages are not required.
What is the intentional tort: trespass to chattel & conversion?
Two separate but similar torts; the difference is the level of interference with P’s property and the damages P can recover. Trespass = minor interference or damage; conversion = significant interference or damage that justifies D paying chattel’s full value.
What are the four elements of trespass to chattel & conversion?
- D interferes with P’s right of possession in tangible personal property (chattel)
(usually occurs through dispossession; or intermeddling (damaging P’s chattel)); trespass is minor interference or damage, conversion is significant interference damage. - Intent
- Causation
- Damages - P must have some loss of use.
Trespass: P can recover cost of repair or rental value of chattel
Conversion: P can recover full market value at the time of conversion or repossess the chattel (replevin)
