Intentional Torts Flashcards
(40 cards)
Elements of a prima facie case (Intentional Torts)
- Act by D (Volitional movement)
-
Intent
- Specific: Intent to bring about a specific harm
- General: Substantial certainty that tortious conduct will result from D’s act
- Causation D’s conduct must be a substantial factor in bringing about the resulting harm
Effects of Transferred Intent Doctrine
D’s original intent transfer to the tort actually committed and/or person actually harmed, resulting in D’s liability
Transferred Intent Doctrine (Applicable Torts)
- Assault
- Battery
- False Imprisonment
- Trespass to land or chattel
Therefore, doesn’t have Transferred Intent Doctrine:
- Intentional infliction of emotional distress
- Bystander Intentional infliction of emotional distress
- Conversion
Types of Transferred Intent Doctrine
D acts with the intent to commit a given tort but:
- Commits it against a different person than intended
- Commits a different tort than intender, or
- Both a) and b)
Assault
Intentional act by D creating P’s reasonable apprehension of immediate harmful or offensive contact to P’s person
Also considered an attempted battery
Elements of Assault
- Act by D that creates a reasonable apprehension
- Of immediate harmful or offensive contact to P’s person
- Intent
- Causation
What is Reasonable Apprehension
P has knowledge of D’s act and has a reasonable expectation that it will result in immediate harmful or offensive contact to P’s person.
Notes:
- Fear is not required, but expectation
- Words are not enough
- Apparent ability is sufficient as long as it is reasonable
Battery
An intentional harmful or offensive contact to P’s person by D.
Elements of Battery
-
Harmful or offensive contact by D
- The harmful or offensive characteristics are measured by RPS
- To P’s person (includes things attached to P’s person)
- Intent
-
Causation
- Indirect contact is sufficient (e.g. greasing a floor so that P will slip and fall)
False imprisonment
An intentional act or omission by the defendant that causes the plaintiff to be confined or restrained to a bounded area
Elements of False Imprisonment
-
Act (or omission) resulting in P’s restraint or confinement
- Does not have to be physical
- Duration is not important, brief confinement will suffice
-
P is confined to a bounded area
- P must be aware of or harmed by the confinement
- P freedom must be limited
- P must not be aware of any reasonable means of scape
- Intent
- Causation
When a store may detain a suspected thief? (Shopkeeper’s privilege)
- Store has reasonable cause to believe a theft occurred;
- Store detains suspect for only a reasonable period and for purposes of investigation; and
- Detention is reasonable; only non-deadly force allowed
- Shopkeeper may be held liable for any harm caused by acts exceeding the privilege
Intentional infliction of emotional distress
Intentional extreme and outrageous conduct by the defendant that causes the plaintiff to suffer severe emotional distress.
Physical injuries are not required, only severe emotional distress
Elements Intentional Infliction of emotional distress
- Extreme and outrageous conduct by D
- Severe emotional distress in P
- Intent or recklessness
- Causation
What is an Extreme and outrageous conduct? (IIED)
A Conduct that exceeds the bounds of decency in society.
Mere insults alone are insufficient.
Non-outrageous conduct may be actionable if:
- D targets P’s known sensitivity or weakness
- D’s conduct is continuous or repetitive
- D targets a P who is a member of a fragile class
- D is a common carrier or innkeeper
Does IIED need damages?
- No, only needs that P must suffer severe emotional distress from D’s conduct.
- Physical symptoms are not necessary
- P must be bothered
Bystander IIED, definition?
A bystander closely related to a person physically injured or killed by D’s conduct may recover for emotional distress
Bystander IIED Elements?
- D’s intentional conduct seriously injured or killed a third person
- P is closely related with the victim (unless design)
- Presence when act occurred (witness) (no zone of danger, just witness) (unless design)
- D Knew about presence and relation of P with victim
- P’s suffers Severe ED (not physical)
Does bystander IIED need damages?
Actual damages are required (emotional distress)
No physical reaction is required.
The victim needs to be seriously injured or killed
Trespass to land
An intentional act by the defendant that causes a physical invasion of the plaintiff’s real property
Elements of Trespass to land
- Physical invasion of P’s real property by D
- Intent
- Intent is to enter the land
- D does not need to know the land belongs to another
- Causation
Damages are not required (compare to chattel and conversion)
How the trespass to land needs to be, to be considered a Tort?
- D must enter P’s property or propels an object onto it
- P must only have actual or constructive possession of property. He doesn’t need to be the owner
- Must be a physical invasion (light, smell or sound are not trespass but nuance)
- The trespass includes surface space, airspace, and subterranean space
Trespass to chattels
An intentional act by the defendant that causes an interference with the plaintiff’s right of possession in a chattel, resulting in damages
Trespass to chattel (Elements)
- Minor or nonsubtantial Interference by D of possession of tangible chattels (dispossession or damaging)
- Intent (not necessary to be aware of the interference but the action must be volatile)
- causation
- Damages: P must have some loss of use
