Intentional Torts Flashcards
(16 cards)
Battery
an intentional act that causes a harmful or offensive contact with the Plaintiff of something closely connected thereto.
Considerations for Battery
Key words: offensive contact, person or closely connect thereto
Intent: General intent, must desire to cause the contact only
Assault
an intentional act that causes Plaintiff to experience a reasonable apprehension of imminent harmful or offensive contact.
Considerations for Assault
Key words: apprehension, imminent
Intent: must act with desire to cause immediate harmful contact or create the apprehension of harmful or offensive contact.
Apprehension: determined by reasonable person standard from P’s POV.
False Imprisonment
an intentional act that causes P to be confined or restrained to a bounded area, against P’s will, and P knows of the confinement or is injured thereby.
Considerations for False Imprisonment
Key words: confined, bounded area, against will
Intent: D desires or knows that he will confine or restrain P to a bounded area.
Shopkeepers privilege - Reasonableness
Harm - physical or emotional
Confinement - barriers, failure to release, or fraud.
Duration is not a factor.
Intentional Infliction of Emotional Distress (IIED)
an intentional or reckless act amounting to extreme and outrageous conduct that causes the P severe emotional distress
Considerations for IIED
Key words: intentional OR reckless, outrageous, severe distress.
Intent: D must act to cause severe distress or be reckless in creating it.
Reckless - deliberate disregard of high risk
Extreme/Outrageous conduct - beyond the bounds of decency
Severe Distress - more than expected of a reasonabe person to endure
Trespass to Land
an intentional act that causes physical invasion to plaintiff’s land
Consideration for Trespass to Land
Key words: physical invasion, land
Intent: General intent - to cause invasion of a specific piece of land. Doesn’t have to intend invasion of P’s land.
Trespass to Chattels
an intentional act that interferes with P’s chattel, causing harm.
Considerations for Trespass to Chattels
Key words; Interference, chattel
Intent: D must act to intentionally interfere with chattel.
Interference: dispossession or intermeddling (doesn’t affect possession).
Conversion
an intentional act that causes destruction of or a serious and substantial interference with P’s chattel
Considerations for Conversion
Key words: Dominion and Control, chattel
Intent: D is liable even if he did not intend or recognize the legal significance of his act.
May recover full value of chattel at the time of conversion.
Intentional Torts - BAFI LCC
Battery, Assault, False Imprisonment, IIED
Trespass to Land, Trespass to Chattel, Conversion
Defenses to Intentional Torts - POPCANS
Privilege, Defense of Others, Defense of Property
Consent, Authority, Necessity, Self-Defense
