Intentional Torts Flashcards
(36 cards)
When are P’s super sensitives taken into account?
Only when D knew of them in advance
When does a person “intend” the consequences of her actions?
If it was her purpose to bring about the consequence or if she knows with substantial certainty that those consequences will result
- D doesn’t have to intend the injury, just the consequence
What is the transferred intent doctrine?
The D’s intent to commit a tort against one person is transferred to the actual tort or actual victim for purposes of establishing a prima facie case.
- does not apply to IIED (unless test is met) or conversion
To which torts does the transferred intent doctrine not apply?
IIED
Conversion/Trespass to Chattels
Battery:
Elements
(1) Harmful or offensive contact
(2) with the P’s person [or anything connected to P’s person]
What elements are required to establish a prima facie case for intentional tort liability?
- Voluntary act by the Defendant
- Intent (specific or general; transferred)
- Causation (but-for / substantial factor)
Battery:
Definition of “harmful” or “offensive” contact
contact that would be offensive to a reasonable person
- can be direct (striking plaintiff) or indirect (setting a trap for plaintiff to fall int)
Assault:
Elements
(1) D’s act creates in P a reasonable apprehension
(2) of immediate harmful or offensive contact to P’s person
- need more than mere words
Assault:
Meaning of “apprehension”
Expectation (as opposed to fear/intimidation)
e.g. a weakling threatening to hit a bodybuilder still creates apprehension, but not fear
Assault:
Requirements for “apprehension”
1) P must be aware of the threat — can’t be unconscious
2) No req that D actually be capable of carrying out threat — apparent ability is enough
3) Need words and/or conduct (and words can negate threat)
4) Conditional threats are sufficient
5) Threat must be immediate (not a future contact)
False Imprisonment:
Elements
(1) Confinement or restraint
(2) to a bounded area
[inconvenience not enough; escape path must be known and reasonable]
False Imprisonment:
Requirements for “restraint”
1) P must have been aware of the confinement
2) No minimum length of time
False Imprisonment:
What counts as “sufficient restraint
1) Physical barriers
2) Physical force directed at P, immediate family, or P’s property (e.g., withholding wallet)
3) Direct or indirect (implied) threats of force
4) Failure to provide means of escape (where D has an affirmative duty to do so)
5) Invalid use of legal authority (false arrest)
Note: moral pressure and threats of future force are insufficient
False Imprisonment:
Privileged Arrest (felony)
- By police:* Reasonable grounds to believe person committed a felony
- By citizen:* (1) Reasonable grounds to believe the person committed a felony, and (2) a felony was in fact committed
False Imprisonment:
Privileged Arrest (misdemeanor)
Police or citizen: (1) misdemeanor was a breach of the peace; and (2) was committed in arresting party’s presence
False Imprisonment:
What counts as a “bounded area”
(1) P’s freedom of movement is limited in all directions (2) And there is no reasonable means of escape of which P is aware
IIED:
Elements
(1) extreme and outrageous conduct (beyond the bounds of normal decency)
(2) Intent to cause P to suffer severe emotional distress or recklessness as to the effect of D’s conduct
(4) severe emotional distress
IIED:
“outrageous conduct”
Conduct that transcends all bounds of decency tolerated by society
non-outrageous conduct might become outrageous if it’s
(1) continuous
(2) directed against a special P: child, elderly person, pregnant woman; or
(3) by a common carrier or innkeeper against a patron
IIED:
“Intent” - bystanders (MBE)
1) P was present when physical injury occurred to another person
2) P was a close relative of the injured person
3) D knew P was present and a close relative
X = D had a design or purpose to cause severe distress to the Plaintiff bystander
What is the only tort that requires actual damages (as opposed to just nominal)?
IIED
Trespass to land:
Elements
(1) Act of physical invasion to real property
(2) Intent to bring about physical invasion [note: mistake not a defense]
Trespass to land:
Scope of “physical invasion”
1) D not required to personally come onto land—could cause a flood, throw rocks, chase someone else on, etc.
2) Damage without physical entry is treated as nuisance, not trespass
Trespass to land:
Scope of “land”
1) surface
2) air—to depth P can make beneficial use of it
3) subsurface—same as above
Trespass to Chattels / Conversion:
Elements
(1) Interference with P’s right of possession (either theft or destruction) in the chattel
(2) Intent to perform the act bringing about the interference [MISTAKE NOT A DEFENSE. So if you grab wrong item thinking its yours, it is not a defense]
Note: conversion needs “serious interference with possessory rights” (look at time and extent of use)
