Intentional Torts Flashcards
Battery
(1) Harmful or Offensive Contact
(2) with the Plaintiff’s person
(3) Intent
(4) Causation
Offensive = unpermitted
P’s Person = anything connected
Assault
(1) Reasonable Apprehension
(2) of an immediate contact to P’s person
(3) intent
(4) causation
apprehension ≠ fear
immediacy requires more than just words
False Imprisonment
(1) Sufficient act of restraint
(2) to a bounded area
(3) intent
(4) causation
False Imprisonment: Acts of restraint
- threats enough;
- inaction enough only if D would act for Ps benefit;
- P must be aware of confinement when occurs;
- length of time irrelevant
False Imprisonment: Bounded Area
- NO bounded area if there is a reasonable means of escape of which P is aware
- Mere inconvenience not enough
Intentional Infliction of Emotional Distress
FALLBACK position, when other torts are not working
(1) D’s extreme and outrageous conduct
(2) caused (3) damages (severe)
(4) intent or recklessness (diff than others)
note: transferred intent normally unavailable
Intentional Infliction of Emotional Distress: When ordinary conduct rises to outrageous?
Mere insult is not enough.. but
Continuous conduct
Conduct directed at young children, elderly, pregnant; or
Defendant is common carrier or innkeeper (and P is passenger or guest)
above may arise to outrageous conduct
Trespass to Land
(1) Physical invasion
(2) to P’s land
(3) Intent
(4) Causation
Physical invasion does not require knowledge of crossing property line; wandering still counts
Propelling physical object will suffice. i.e throw rock, or water flowing. Must be tangible. no bright lights, or odor (nuisance)
Land includes airspace, and subsurface, if landowner would reasonably use. (no jet flying 3500 feets above)
Trespass to Chattels and Conversion
(1) Act of invasion
(2) to P’s personal property
(3) intent
(4) causation
(5) damages = TTC actual; Conv. Fair market value
TTC = scratch briefcase Conversion= take briefcase for a while (longer interference)
Note: if there is some damage, choose TTC. A lot of damage, choose conversion.
Conversion damage may only require loss of possessory right, i.e no physical damage necessary
Defenses: Consent
Ask two ?s
(1) Was there valid consent?
- P had capacity; not a child, mental impaired, coerced, or consent based on fraud (material) or mistake
(2) Did D stay within bounds of consent?
________________
Express consent- look for invalid consent
implied - look at custom (think football) or P’s own conduct (reasonable person imply from P’s action)
Defenses: Self- Defense
Justified in using reasonable force to prevent what she reasonably believes to be an imminent threat of force against her.
- deadly force only reasonable if defender reasonably believes she is face the threat herself
- retreat: maj - no duty to retreat. trend - requires retreat if can safely do so, unless in home.
tip: correct answer often has correct standard
Defenses: Defense of Others
One may defend another in the same manner and under the same conditions, if he would be entitled to defend himself.
Mistake = ok; if defender reasonably believed another was endangered
Defenses: Defense of Property
A person may use reasonable force to defend his real or personal property. However, deadly force may never be used to protect property alone.
Hot pursuit: may use reasonable force, only while hot pursuit (not if already been committed and see property later)
Shoplifter - use same rules. Shopkeeper must use reasonable force only, can detain if reasonable.
tip: dont confuse defense of property with self-defense. ie. sandy shoots burglar in bedroom, may use self-defense to kill. but cant set trap that kills intruder, only protects prop.
Defenses: Necessity; public and private
ONLY with trespass to land, TTC, conversion
Public Necessity: An unlimited privilege to protect a lot of people
Private Necessity: A qualified privilege to protect a limited number of people.
- qualified because will pay for damages.
Defenses: Discipline
(rare)
Parent or teacher may use reasonable force in disciplining children.
