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Flashcards in Intentional Torts Deck (66)
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1

List Intentional Torts
Intentional Torts

Memorize
Seven Intentional Torts

Four Against Persons
1. Battery
2. Assault
3. False Imprisonment
4. IIED

Three Against Proprty
5. Tresspass to Land - Real Property
6. Trespass to Chattel - Personal Property
7. Conversion - Personal Property (Chattel)

2

What intent is required for Torts Against Persons?
Intentional Torts

Memorize
Defendant DESIRES the RESULT or knows with SUBSTANTIAL CERTAINTY that the result will occur.

3

What intent is required for Torts Against Property?Intentional Torts

Memorize
Defendant DESIRES the ACT or knows with SUBSTANTIAL CERTAINTY that the act will occur.

4

Are minors liable for their intentional torts?
Intentional Torts

Memorize
Minors are liable for their intentional torts.

5

Are insane persons liable for their intentional torts?Intentional Torts

Memorize
Insane Persons are liable for their intentional torts.

6

Are mistaken persons liable for their intentional torts?Intentional Torts

Memorize
Mistaken Persons are liable for their intentional torts.

7

Explain Transferred Intent - Different Tort Same Plaintiff
Intentional Torts

Memorize
When the defendant desires to commit one tort, but instead, or in addition, commits a different tort to the same plaintiff, the requisite intent can be transferred from one intentional tort to another.

8

Explain Transferred Intent - Same Tort Different Plaintiff
Intentional Torts

Memorize
When the defendant desires to commit one tort, but instead, or in addition, commits the same tort against a different plaintiff, the requisite intent can be transferred from one plaintiff to another.

9

Explain Transferred Intent - Different Tort Different Plaintiff
Intentional Torts

Memorize
When the defendant desires to commit one tort, but instead, or in addition, commits a different tort against a different plaintiff, the requisite intent can be transferred from one intentional tort to another and from one plaintiff to another.

10

What torts are eligible for transferred intent?
Intentional Torts

Remember
For transferred intent, the tort intended and the tort committed must be:
1. Assault
2. Battery
3. False Imprisonment
4. Tresspass to Land
5. Tresspass to Chattels

No transferred intent for:
1. IIED
2. Conversion

11

What Is the causation requirement for intentional torts?
Intentional Torts

Remember
Basic "but for" actual cause.

12

Actual damages not required for what torts?
Intentional Torts

Remember
Actual damages not required for:
1. Battery
2. Assault
3. Fasle Imprisonment

13

Define Battery
Intentional Torts to Persons

Memorize
A battery is an act by defendant that intentionally causes a harmful or offensive contact with plaintiff's person.

14

Battery - What is a Plaintiff's Person?
Intentional Torts to Persons

Remember
Plaintiff's Person - Can include plaintiff's physical body, clothing and anything closely related to plaintiff.

15

Define Assault
Intentional Torts to Persons

Memorize
An assault is an act by defendant that intentionally causes reasonable apprehension in plaintiff of immediately receiving a battery.

16

Assault - Reasonable Apprehension Requirements?
Intentional Torts to Persons

Remember
Reasonable Apprehension
1. Judged by the reasonable person standard
2. Apprehension does not have to = fear
3. But fear always = apprehension
4. Apprehension = expectation
5. Apparent ability all that is required
6. Words alone are insufficient
7. Words must be coupled with action

17

Define False Imprisonment
Intentional Torts to Persons

Memorize
False imprisonment is an act by defendant that intentionally causes the plaintiff to be confined to a bounded area.

18

False Imprisonment - Confinement Requirements? Intentional Torts to Persons

Remember
Confinement is:
1. Physical Barriers
2. Physical Force
3. Threats of Force
4. Failure to Release
5. Invalid Use of Legal Authority

Confinement Remember
1. Time of conferment need only be an appreciable amount of time
2. Plaintiff must be aware of confinement unless plaintiff is injured by confinement
3. MORAL PRESSURE in insufficient
4. FUTURE THREATS are insufficient

19

False Imprisonment - What is a Bounded Area?
Intentional Torts to Persons

Remember
Bounded Area means:
1. Movement restrained in all directions
2. No REASONABLE means of escape

20

Assault - Immediacy Requirements?
Intentional Torts to Persons

Remember
Must be an IMMEDIATE Battery - Not Future

21

Define IIED
Intentional Torts to Persons

Memorize
Extreme and outrageous conduct by defendant that intentionally or recklessly causes severe emotional distress in plaintiff.

22

IIED - Conduct required for IIED?
Intentional Torts to Persons

Remember
Conduct that transcends all bounds of decency.

Conduct short of extreme and outrageous may still be IIED if:

1. It is continuous in nature

2. It is directed toward a particular type of plaintiff: Children, pregnant, elderly, supersensitive person if super sensitivity is known to plaintiff.

3. Committed by common carriers or inn keepers.

23

IIED - Damage Requirements?
Intentional Torts to Persons

Remember
1. Need ACTUAL damages - severe emotional distress is an actual damage.
2. Nominal damages are insufficient

24

IIED - Third Party Requirements?
Intentional Torts to Persons

Memorize
A third party may recover for injuries by defendant causing physical harm to another if:

1. Plaintiff and victim are closely related
2. Plaintiff is present at the scene
3. Defendant knows 1 and 2.

25

What is Transferred Intent?
Intentional Torts

Remember
The requisite intent can be transferred from plaintiff to another or from one intentional torts to another.

26

Define Trespass to Land
Intentional Torts to Property

Memorize
An intentional act by defendant that causes a
physical invasion of plaintiff's land.

27

Trespass to Land - Invasion Requirements?
Intentional Torts to Property

Must be a physical invasion:
1. Can be direct or indirect (indirect includes objects)
2. Includes failure to leave or failure to remove

28

Trespass to Land - What constitutes possession?
Intentional Torts to Property

Remember
1. Plaintiff's right to possession is sufficient
2. Ownership not required

29

Trespass to Land - Damage Requirements?
Intentional Torts to Property

Remember
1. Damages are inferred - nominal damages will be awarded.
2. All other provable damages are recoverable.

30

Battery - Damage Requirements?
Intentional Torts to Persons

Remember
Actual damages not required for Battery, Assault, and False Imprisonment