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Flashcards in Intentional Torts Deck (28)
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1

Rule Statement for Battery

Battery has occurred when there is an intentional infliction of a socially offensive or harmful bodily contact

2

Intent for Battery

The intent element for battery is satisfied if D either a) intended to cause a harmful or offensive contact or b) intended to cause in another person an apprehension of a harmful or offensive contact. Also, D’s action must have been a voluntary muscular movement, rather than a spasm.

3

3 Elements of Battery

1 - Intent
2 - Contact
3 - Socially Offensive or Harmful

4

Battery - Socially Offensive or Harmful

For the contact to be socially offensive or harmful, it should either harm P or be contact that a reasonable person in the situation would find socially offensive

5

Rule Statement for Assault

Assault has occurred when there is an intentional infliction of an apprehension of an imminent contact

6

Intent for Assault

The intent element for assault is satisfied if either a) D intends to make contact or b) intends to put P in imminent apprehension of a harmful or offensive contact. Also, D’s action must have been a voluntary muscular movement, rather than a spasm

7

Elements of Assault

1 - Intent
2 - Apprehension
3 - Imminence of Contact

8

Assault - Apprehension - Rule Statement

The apprehension element is satisfied if a reasonable person in P’s situation would have been apprehensive

9

Assault - Imminence - Rule Statement

The imminent contact element is satisfied if the contact is within the actor’s apparent ability and P had a reasonable belief that the contact would happen during that exchange. It must be more than leering and more imminent that threats of future action.

10

Assault - Imminence - Factors

Must be immediate
No apprehension then likely no imminent contact element either

11

Assault - Apprehension - Factors

• P must be aware of the danger before it happens and it’s not enough that contact eventually happens – anticipate/apprehend that danger is coming
• P can think the contact is some natural event or unintentional human event
• P’s apprehension must be that there will be a contact with herself, not a contact with a loved one!!

12

Damages for Assault

The tort of assault exists so that plaintiffs can recover for any injury that they suffered although there was no battery. If it was found that there was an assault, P could ask for nominal damages to show that this action was not tolerated. There probably wouldn’t be any compensatory damages unless P could show she suffered some kind of injury from the assault.

13

Elements of T2L

Intent

On land

On land of another

14

Rule statement for T2C

Any intentional interference with a persons use or possession of a chattel. D only has to pay for actual damages

15

Definition of intermeddling

interference with P's use or enjoyment of a chattel

D is liable for intermeddling only where some harm to the chattel or some interference with P's use and enjoyment of the chattel occurs

16

Rule statement for Conversion

An intentional exercise of dominion or control over a chattel which so seriously interferes with another person's right to control it that the actor may justly be required to pay the other the full value of the chattel

17

4 factors to consider in Conversion

1 - dominion - extent and duration of D's exercise of dominion or control
2 - good faith - D's good faith (did they try to return, did they steal?)
3 - Harm - harm done to property
4 - Inconvenience - inconvenience and expense caused to P

18

Forced Sale in Conversion

IF P is successful with her tort suit, a forced sale occurs

D is required to pay the full value of the goods (not just the amount of the use or damage, as in T2C), but GETS TO KEEP GOODS

19

Rule statement for IIED

Intentional infliction of severe emotional or mental distress

20

Elements of IIED

1 - Intent
2 - Extreme and outrageous conduct
3 - Causal Connection between wrongful conduct and emotional distress
4 - emotional distress is severe (most important)

21

Intent for IIED

Intent for IIED is satisfied if D desires to cause P emotional distress, D knows with substantial certainty that P will suffer emotional distress, or D recklessly disregards the probability that emotional distress will occur

22

IIED - Element - Extreme and outrageous conuct

Extreme and outrageous conduct element for IIED is satisfied if P can show that D's conduct was beyond all possible bounds of decency

23

IIED - Element - Causal connection between wrongful conduct and emotional distress

In our case, D's conduct caused P to do _____ . Therefore, the causal connection is satisfied

24

IIED - Element - Emotional distress is severe

The emotional distress is severe element is satisfied if P shows that she suffered actual injuries (sought medical aid)

25

Rule statement for False Imprisonment

Intentional infliction of an actual confinement

26

FI - Element - Intent

The intent element is satisfied if P can show that D either intended to confine him or D knew with substantial certainty that P would be confined by D's actions.

27

Elements of FI

1 - Intent
2 - Actual confinement
3 - Awareness of confinement
4 - Reasonableness of Escape

28

Examples of Actual confinement

Physical force

Threat to harm others

Threat to property