Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

1
Q

General Intent

A

An actor’s knowledge that particular consequences are substantially certain to follow.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Specific Intent

A

Acting with the purpose of causing the specific consequences.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Is motive relevant for intent to be present?

A

No, motive is irrelevant. An accident/mistake can still be an intentional act. (Ranson v. Kitner)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Is mental illness an excuse for intent?

A

No, Mental illness is irrelevant. (McGuire v. Almy)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is transferred intent?

A

Intent can be transferred. You mean to commit either Battery, Assault, False Imprisonment, Trespass, or Trespass to Chattels; however, you commit a different one of these same intentional torts. (Ex: act like you are going to throw a baseball at someone -assault, but the ball slips and hits them or someone else -battery.) (Talmage v. Smith)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the full definition of Battery?

A

A defendant is liable for battery when the defendant acts intending to cause a harmful or offensive contact with the plaintiff’s person and causes harmful or offensive contact with the plaintiff’s person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the three elements of Battery?

A

Intent, Harmful or Offensive Contact, & Person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the two categories of intent?

A

General Intent and Specific Intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is harmful contact?

A

Harmful Contact can be Pain, injury, or disfigurement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is offensive contact?

A

Offensive Contact is what a reasonable person would believe to be rude, insolent, or an affront to personal dignity. (This is an Objective Standard)

(Subjective Standard used when the plaintiff knows of the defendant’s specific sensitivities)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the element of person defined as?

A

A person is their physical body or anything that is intimately attached to them.

Example: Holding books, a cane, a plate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is an objective standard?

A

The objective standard is based on what a reasonable person or society as a whole would consider and is normally used for determining offensive contact.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the subjective standard?

A

The subjective standard is a personal standard of a specific person. Applied when the defendant knows of the plaintiff’s vulnerabilities.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the difference between direct and indirect contact?

A

Liability is present when the defendant directly makes contact with another (or) indirectly sets in motion a chain of events that causes a harmful or offensive contact. (ex. Digging a hole for another to walk-in)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Are damages required for a battery?

A

No, damages are not required to be found liable for battery.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the “Crowded World Theory”?

A

Ordinary contacts in a crowded world are acceptable. (Wallace v. Rosen)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the prima facie case elements for battery?

A

INTENT, ACT, and CAUSATION are needed for a PRIMA FACIE CASE.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the full definition of Assault?

A

A defendant is liable for assault when the defendant acts intending to cause the plaintiff to be put in apprehension of an imminent harmful or offensive contact and the defendant in fact is put in such apprehension.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is apprehension of harmful or offensive contact?

A

Apprehension means that the plaintiff has the belief that the contact will happen, despite whether or not they are fearful of the result of the contact.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Does apprehension of contact must be imminent?

A

Yes, the apprehension of the harmful or offensive contact must be imminent, NOT the threat of future contact.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Is it relevant that contact can’t actually be applied to plaintiff?

A

Actual ability to effect harmful or offensive contact isn’t necessary. ONLY the belief on behalf of the plaintiff that it will happen.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Is apprehension of contact based on a objective or subjective standard?

A

Objective standard- When a reasonable person believes the apprehension exists.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Are words alone used against plaintiff enough for apprehension to apply?

A

No, words alone are not enough for apprehension. Must be accompanied by an act of some kind.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Must plaintiff be aware of act or words for their to be an assault?

A

Yes, there is not assault if you are unaware of its existence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What are three circumstances where transferred intent can be applied?

A
  1. When one commits a different tort against the same person.
  2. When one commits the same tort as intended against one, but actually against a different person.
  3. When one commits different tort intended against a different person.
26
Q

What is the full definition of False Imprisonment?

A

The direct restraint of one person of the physical liberty of another without adequate legal justification. The defendant must act intentionally without privilege to confine the plaintiff without their consent while they are conscious of the confinement.

27
Q

What are the elements of False Imprisonment?

A

(1) The defendant INTENDED to confine him.
(2) The plaintiff was CONSCIOUS of the confinement.
(3) The plaintiff DID NOT CONSENT to the confinement.
(4) The confinement was NOT otherwise PRIVILEGED.

28
Q

Are words alone enough for False Imprisonment to be applied?

A

“The two key elements of false imprisonment are the restraint of an individual against his will and the unlawfulness of such restraint. The individual may be restrained by acts or merely by words which he fears to disregard.”

Restatement suggests that in addition to physical barriers, false imprisonment can be accomplished by force, the threat of force, duress, or asserted legal authority

Examples: Claiming to be a cop, “I’ll kill you if you leave.”

29
Q

Can seizing property be considered restraint for False Imprisonment?

A

Yes, seizing of the plaintiff’s property sometimes may provide the “restraint”.

(EX: Taking someone’s keys or locking a door.)

30
Q

Are threats of future imprisonment enough for liability?

A

No, it is generally agreed that false imprisonment resembles assault in that threats of future action are not enough.

(EX: I will keep you here by knifepoint if you come here)

31
Q

Is physical restraint for False Imprisonment required?

A

No, threats are enough. However, if you can escape you are not imprisoned. Though you are not required to seriously injure yourself to escape. Escape must be viable.

32
Q

What is the definition for Intentional Infliction of Emotional Distress (IIED)?

A

One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.

33
Q

What are the elements of IIED?

A

(1) The conduct must be intentional or reckless.
(2) The conduct must be extreme and outrageous.

(3) There must be a causal connection between
the wrongful conduct and the emotional distress.

(4) The emotional distress must be severe.

34
Q

IIED - What is the meaning of intentional or reckless?

A

Specific or General / Almost negligent like

35
Q

IIED - What is extreme or outrageous?

A

Beyond all human decency, shocks the conscience, and goes against all social norms.

36
Q

IIED - What qualifies as severe emotional distress?

A

All jurisdictions require that the plaintiff prove SEVERE not just mere emotional distress.

This is frequently characterized as distress so severe that no reasonable person could be expected to endure it.

Note that unlike most torts, the severity of the damage affects not just how much the plaintiff will recover, but whether the plaintiff recovers at all

37
Q

Which standard is used to determine IIED?

A

An objective standard is used as a determination of emotional distress unless the plaintiff’s particular sensitivity is known and then a subjective standard is used.

38
Q

Do different circumstances determine extreme and outrageous for IIED?

A

Conduct considered not to be normally extreme and outrageous may become extreme and outrageous in certain circumstances.

If it is continuous in nature.. (EX: 10 phone calls at all hours)

Against certain types of people.. (EX: Old people or children)

Common carriers or innkeepers being rude….

39
Q

What is the “Third Party Rule” for IIED?

A

The Restatement (Second)states, “. . .would allow recovery if:

  1. defendant knows of bystander’s presence AND
  2. the conduct was directed at a member of bystander’s immediate family OR
  3. bystand suffers bodily harm as a result of her distress.
40
Q

Total viewpoint of an IIED victim?

A

“Whether an actor’s conduct is extreme and outrageous depends on the facts of each case, including the relationship of the parties, whether the actor abused a position of authority over the other person, whether the other person was especially vulnerable and the actor knew of the vulnerability, the motivation of the actor, and whether the conduct was repeated or prolonged.”

41
Q

Definition and Liability for Trespass to Land

A

The intentional invasion of a plaintiff’s interest in their right to exclusive possession of land.

Liability for trespass exists despite the fact that the defendant believes the property is theirs or the conduct was socially useful to the plaintiff. Additionally, liability for trespass may exist if the defendant overstays their welcome or acts with a different purpose.

42
Q

Is mistake in ownership an excuse for trespass to land?

A

No, Trespass is intentional even if entered by the honest or reasonable belief it is theirs.

43
Q

Is a beneficial trespass still trespass?

A

Yes, It is irrelevant even if the conduct was socially useful or beneficial to the plaintiff.

(EX: picking up sticks on another’s property that fell from your property)

44
Q

Can you trespass over air space?

A

Yes, Restatement (Second) - “enters into immediate reaches of the air space next to the land, and . . . interferes substantially with the others’ use and enjoyment of the land.”

(EX: shooting on to someone else property)

45
Q

Can overstaying your welcome be trespass?

A

Yes, overstaying your welcome, such as being asked to leave can cause a trespass.

46
Q

Can acting for a different purpose be trespass?

A

Yes. If it was not the understood purpose.

47
Q

Who can bring suit for Trespass?

A

Tenants are the ones that bring suit, but owners can too if it affects their reversionary interests or permanent injury to the property.

48
Q

What are the two different types of trespass?

A

Direct or Indirect Trespass

49
Q

How does liability for Trespass to Chattels occur?

A

A defendant is liable for trespass to chattels by way of intermeddling with the plaintiff’s chattel if he

  1. dispossesses the other of the chattel,
  2. the chattel is impaired as to its condition, quality, or value,
  3. or the possessor is deprived of the use of the chattel for a substantial time
  4. or bodily harm is thereby caused to the possessor or harm is caused to some person or thing in which the possessor has a legally protected interest.
50
Q

Does trespass to chattels apply to the Internet?

A

Yes

51
Q

What is Conversion?

A

A defendant is liable for conversion if the defendant acts with an intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.

52
Q

Factors for determining seriousness and requirement to pay:

A

Extent and duration of the exercise of dominion, actors intent, actors good faith, extent, and duration of interference, harm was done, and inconvenience and expense to the other.

53
Q

How does conversion take place?

A 
acquiring it, 
damaging it, 
using it, 
receiving it, 
disposing of it, 
miss delivering it, 
or refusing to surrender it.
54
Q

How are damages for Conversion calculated?

A

Damages for the conversion is the value of the property converted market value determined at the time and place of the conversion.

55
Q

What are Conversion and Trespass to Chattels similarities?

A
  1. Both are intentional torts
  2. Both are wrongful and intentional interference with the possession of someone’s personal property.
  3. Both involve personal property, not real property.
  4. Both are general intent torts. The mistake is not a viable defense.
56
Q

What are the Conversation and Trespass to Chattels differences?

A

Mainly the difference in interference.

Trespass to Chattels is concerned with damage and Conversion is concerned with full value.

Trespass to Chattels focuses on interference and Conversion focuses on dominion or control of chattel.

57
Q

What is consent?

A

“A willingness or an agreement for conduct to occur.”

Consent is a valid affirmative and privileged defense.

58
Q

How does consent occur?

A

Consent can be expressed or implied.

It cannot be presumed by silence alone.

During a game, ordinary contact is given upon entering it.

59
Q

What makes consent invalid?

A

Consent given through fraud, coercion, or mistake is invalid.

Some people do not have the ability to consent.

“Crowded World Theory” is a form of consent.

60
Q

What cannot be converted?

A

Real Property

Torts (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions