Intentional Torts Flashcards
(39 cards)
1
Q
Battery Elements
A
- Defendant acted
- Act was intentional, or the defendant was substantially certain consequence would occur
- Act caused contact with plaintiff or something physically connected (not too attenuated) to plaintiff’s body
- Contact was harmful or offensive to plaintiff
2
Q
Assault Elements
A
- Defendant acted
- Act was intentional (with purpose or substantial certainty)
- Act caused plaintiff to have reasonable apprehension of
- An imminent harmful or offensive contact
3
Q
False Imprisonment Elements
A
- Defendant acted
- With intent
- To confine, or instigate the confinement of, the plaintiff
- Within a bounded area established by the defendant
- Against plaintiff’s will, and
- (In some jurisdictions) Plaintiff is aware of confinement or is injured by it
4
Q
IIED Elements
A
- Defendant acted in extreme and outrageous way
- With either the intent to cause severe distress or with reckless disregard with the emotional harm caused to the plaintiff, and
- Plaintiff suffered severe emotional distress due to defendant’s conduct
5
Q
Trespass Elements
A
- Defendant had the intent to enter (had the purpose or substantial certainty), or cause tangible entry onto
- Property in the possession of the plaintiff
- Defendant did enter, or cause something tangible to enter, onto the property
6
Q
Private Nuisance Elements
A
- Defendant’s non-trespassory activity
- Unreasonably invaded property
- Possessed by plaintiff
- Causing significant harm to plaintiff in the use or enjoyment of the property
7
Q
Trespass to Chattels Elements
A
- Defendant intended
- To interfere with the plaintiff’s personal property
- And did interfere with it
- Causing actual harm to the property
8
Q
Conversion Elements
A
- Defendant intended (had purpose or substantial certainty)
- To exercise substantial control over plaintiff’s tangible personal property
- Defendant did exercise substantial control
9
Q
Battery - intentional
A
- acted with purpose to cause contact; subjective standard
- doesn’t matter that didn’t believe it wouldn’t happen
10
Q
Battery - substantially certain
A
- objectively reasonable person would have very likely known contact would occur
11
Q
Battery - single v. dual intent
A
- single = intended to cause the contact
- dual = also intended contact to be harmful and offensive (“should have known” objective standard)
12
Q
Battery - Transferred intent
A
- not about specific contact
- about intent to cause harmful or offensive contact at all
- responsible for all consequences from transferred intent
- scope of liability; can’t be responsible for super attenuated consequences
13
Q
Battery - Contact - Harmful
A
- R2T § 15 “any physical impairment of the condition of another’s body, or physical pain or illness” OR
- unwanted = no consent, implied or explicit
- LIMITED BY SOCIAL CONVENTIONS; COMMON SENSE
- Kadens doesn’t like intangible (see: Eichenwald v. Rivello)
14
Q
Battery - Contact - Offensive
A
- R2T § 19 contact that “offends a reasonable sense of personal dignity”
- objective standard; reasonable person in victim’s position
- Subjective exception - defendant knows plaintiff would find contact offensive
15
Q
Assault - Act - “Mere Words”
A
- words can constitute an act if put in context with other acts or circumstances
- together they put other in reasonable apprehension of imminent harmful or offensive contact
16
Q
Assault - Reasonable Apprehension
A
- apprehension = somehow perceived imminent harmful or offensive act
- reasonable = subjective/objective
+ s = prove he or she was personally aware
+ o = any reasonable person would have anticipated act
17
Q
Assault - Imminent
A
- without delay
- not instantaneous
- about to act in harmful or offensive matter
18
Q
Tort-to-tort Transfer
A
intent to commit tort may transfer to another tort
19
Q
False Imprisonment - Intent
A
- desire/purpose to confine OR
- substantially certain confinement will result from actions
20
Q
False Imprisonment - Confinement
A
- length of confinement can be very short
- no privilege to confine
- can confine by holding property plaintiff can’t leave without (doesn’t count if person leaves)
- threat must be immediate
21
Q
False Imprisonment - Threat Exception
A
Fojtik v. Charter Medical Corp - determining whether threats count as confinement, relative size, age, experience, sex taken into account **
22
Q
False Imprisonment - Bounded Area
A
- locked door, force, coercion, limited freedom of movement, etc.
- held with hands
23
Q
False Imprisonment - Against Plaintiff’s Will
A
No consent
24
Q
False Imprisonment - Shopkeeper’s Privilege
A
- detention by store of possible shoplifters
- special privilege (common law and some state statutes) IF
+ based on good faith
+ not overly long
+ suspicions justified
25
False Imprisonment - False Arrest
- false imprisonment occurring under color of privilege
| - situation where officer is acting improperly
26
IIED - Extreme and Outrageous
- "go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community"
- Outrageous = average member of community would exclaim "outrageous!"
- Extreme = unusual
* *
27
IIED - Intent/Substantial Certainty
- intent = purpose or desire to accomplish harm or if such harm was substantially certain to occur as a result
- substantial certainty = would have realized harm if stopped to think about it
28
Nuisance - Unreasonably invaded property
- location, location, location
| - if no invasion, can still be nuisance if significant harm to use and enjoyment
29
Nuisance - Significant harm
- reasonableness standard to measure significance/substantiality of harm
+ reasonable person = person in community
- location, location, location
30
Nuisance - Bases of liability
- intentional
- negligence
- strict liability
31
Nuisance - Defense
- Coming to the nuisance (balancing test)
32
Trespass to Chattels - Interference
- dispossessing plaintiff of property, using, meddling with property
- impairing condition
- bodily harm is caused to possessor
33
Conversion - Substantial Control
- Must be more substantial than trespass to chattels
- Purchase
- Treats the trespasser into involuntary purchaser
34
Conversion - Entrustment
Buyer can't be liable if bought "converted" property from someone else without knowledge
35
Fraud - Elements
- Defendant made a false representation
- That was material
- Defendant made the representation either knowing it was false, or with reckless disregard to its truth or falsity
- Defendant intended plaintiff to rely on representation
- Plaintiff did rely on representation
- Plaintiff's reliance was justifiable
- Plaintiff suffered monetary damage as a result of that reliance
36
Fraud - False Representation
- words or conduct asserting existence of fact
| - express or through implication
37
Fraud - Material
- important part of decision in transaction OR if maker knew or should have known specific listener considered representation important
- can't be trivial
38
Fraud - Knowledge
- Scienter = knowledge of untruth
| - Don't need to intend to cause harm
39
Fraud - Justifiable
UNJUSTIFIABLE
- Matter misrepresented is not material
- Defendant giving opinion on matter about which he did not know truth with certainty and does not represent what he knows the truth
- "puffing"
- Plaintiff knew truth
- So obviously false that reasonable person would not believe it (subjective)
