Intentional Torts Flashcards
(29 cards)
How does one have intent?
If a person knew with “substantial certainty” that a certain effect would happen b/c of his conduct
1) Specific intent: tortfeasor’s subjective purpose of causing (contact/apprehension/confinement/intermeddling)
2) General intent: tortfeasor’s substantial knowledge that (contact/apprehension/confinement/intermeddling) would result from his conduct
If A wanted to hit B, but accidentally hits C (and didn’t intend to) is A liable for intentional tort?
YES - via transferred intent.
A’s “intent to hit” was still manifested and thus transferred from B to C. Thus, A is liable for C’s damages.
Is an insane person ever held liable for intentional tort?
YES - long as P can prove that insane person had the requisite intent.
Doctrine of Transferred Intent
If you intend to hit/apprehend/confine someone, but happens to a different person, you still maintain intent
Is a family member liable for insane person’s intentional tort?
NO - unless:
Family member assumes caregiving responsibility or custody
Is a drunk person liable for intentional torts?
YES - whether voluntary or involuntary
What is battery?
The intentional infliction of a harmful or offensive bodily contact
Heart of battery: contact
Elements of battery?
- Intent:
(a) single intent (majority) - intent to contact
(b) dual intent (minority) - intent to contact + contact to be harmful or offensive - Contact
- Contact is harmful or offensive
Can battery happen even if P consents to contact?
YES - contact has to be within the scope of consent
(i.e.) w/in sports rules or medical consent forms
What is assault?
The intentional infliction of apprehension of imminent contact
Heart of assault: apprehension
Elements of assault?
- Intent
(a) intent to create apprehension of harmful/offensive contact
(b) intent to make contact - Actual contact or apprehension of imminent contact
Are words alone sufficient for assault?
NO - not sufficient w/out some physical act or gesture by D
there needs to be anticipation of imminent contact
Can P recover for “assault” b/c D was about to hit P’s kid?
NO - P can’t recover for her apprehension that someone else will get touched
What is false imprisonment?
The intentional restraint of one’s physical liberty without adequate legal justification
Heart of FI: confinement
Elements of FI?
- Intent
(a) intended the confinement OR
(b) substantially certain that P would be confined by D’s actions - Restraint against P’s will (via acts or words)
- Unlawfulness of restraint
FI Methods
- Direct physical means
- Threats
- Assertion of legal authority
What is intentional infliction of emotional distress?
The intentional or reckless infliction of “severe” emotional distress by “extreme & outrageous conduct”
Heart of IIED: severe emotional distress
IIED elements?
- Intent
(a) Desire to cause ED
(b) Substantial certainty that P will suffer ED, OR
(c) Recklessly disregards high probability that ED will occur - Extreme & outrageous conduct
- Severe ED
IIED for bystander?
Only if bystander is the harmed person’s immediate family member; D knew of his/her presence at the time of event; and bystander’s IIED led to bodily harm.
D’s intent to cause IIED to bystander by battering X.
For IIED, what is the “severe” ED?
Severe enough to seek medical aid
For IIED, what is the “extreme and outrageous” conduct?
Conduct that is “beyond all possible bounds of decency”
What is trespass to land?
The intentional physical entrance or interference to P’s real property without consent
Heart of T2L: being on land
How does T2L happen?
- D intentionally enter’s P’s land w/out permission
- D remains on P’s land w/out right to be there, even if he entered rightfully
- D puts an object (refuses to remove) on P’s land w/out permission
Is there an intentional tort for when a plane flies over P’s property?
T2L if:
- plane enters into immediate reaches of airspace
- plane interferes P’s use and enjoyment of land
