Intentional Torts Flashcards
(29 cards)
Elements of Battery
- Intent
- D acted
- Harmful or offensive contact occurred
Battery
Intentional harmful or offensive touching of the person of another.
Assault
The threat of bodily harm that reasonably causes apprehension of harmful or offensive contact.
Elements of Assault
- D acted
- D intended to make contact or create apprehension
- P had reasonable apprehension of immediate physical contact
False Imprisonment
the intentional confinement of a person without legal authority
Elements of False Imprisonment
- Intent
- P didn’t consent
- D acted without lawful authority
Inentional Infliction of Emotional Distress
the intentional or reckless infliction by extreme and outrageous conduct of severe emotional or mental distress, even in the absence of physical harm
Elements of IIED
- Intent or recklessness
- D’s conduct was extreme and outrageous
- The conduct caused P’s emotional distress
- P’s distress was SEVERE (requiring medical aid)
Rest. § 46
Trespass to Land
Unlawful entry onto the land of another.
Trespass to Land occurs when…
- D intentionally enters without permission (not accidental but can be mistaken) OR
- D remains without intention (even if she entered lawfully) OR
- D puts an object or refuses to remove an object from P’s land
Elements of Trespass to Chattels
- D interferes with P’s possession of property without P’s consent AND
- The value of the property diminishes or P is deprived of its use.
- There was actual harm.
Rest. § 218
Conversion
Intentional interference with P’s possession or ownership of property so that it substantially interferes with P’s right to control it and a forced sale must occur.
Rest. § 222A
Factors in Distinguishing Conversion from Trespass to Chattels
- Duration
- Good faith or bad faith
- Harm done to the property
- Inconvenience caused to P
List of Privileges
Consent Self-Defense Defense of Others Recovery of Property Defense of Property Necessity Authority of Law Discipline Justification
Privilege of Self-Defense
P can use reasonable and proportional force to defend himself against imminent harm.
Privilege to Defend Property
P can use reasonable force to defend their property if they warn D first.
Privilege to Defend Others
D may use reasonable and proportional force to protect a third party from imminent harm. D is not liable if he is mistaken so long as the mistake is reasonable (Rest. § 76).
Privilege to Recover Property
P can use a reasonable amount of force to recover property that was unlawfully taken if P is in fresh pursuit and it can be done without a breach of the peace.
Privilege of Public Necessity
D is privileged to harm the property interest of P when it is necessary to do so to protect the community or many people.
Privilege of Authority of Law
A person with the authority of law can use reasonable force to arrest someone, even if it turns out the warrant was improper.
Privilege of Justification
A “catch all” defense when D’s conduct does not fit within one of the conventional defenses to intentional torts
Privilege of Discipline
A person who by virtue of his job or status is charged with maintaining discipline may sometimes be privileged to use force or restraint to ensure that discipline
Intent
D acted and desired to cause harmful or offensive bodily contact or was substantially certain such contact would occur. Intent to harm is not required. Intent can be transferred across Ps and torts.
Substantially Certain
D knows or should have known that her conduct will have a particular effect. Establishes intent.
