Intentional Torts and Privileges Flashcards
(33 cards)
1
Q
Intent
A
- Purpose [mean to do it]
- Substantially certain consequences will occur
2
Q
Transferred Intent
A
- Defendant intends tort against Plaintiff, but accomplishes tort against third person
- Defendant intends one tort against Plaintiff, but accomplishes a different tort against Plaintiff
3
Q
Battery
A
- Intent
- To cause contact
- That is harmful or offensive
- Harmful or offensive contact occurs
4
Q
Harmful
A
- Physical bodily harm
- Direct or indirect
5
Q
Offensive
A
- Contact offends a reasonable sense of personal dignity
6
Q
Dual Intent for Battery
A
Majority
- Intent to make contact
AND
- That contact will be harmful or offensive
7
Q
Single Intent for Battery
A
Minority
- Intent to make contact
8
Q
Assault
A
- Intent to cause
- Imminent Apprehension
- of a harmful or offensive touching
9
Q
Apprehension
A
- Plaintiff must be “aware”
- More than “mere fear”
- an awareness of imminent touching
- Apprehension must be one which would normally be aroused in the mind of a reasonable person
10
Q
False Imprisonment
A
- Intent
- To confine another
- Within boundaries fixed by the actor
- Victim is either conscious of confinement or harmed by it
11
Q
Confinement
A
- Physical barriers or physical force
- Threats of physical force
- False assertion of legal authority to confine
- Duress
-Not False Imprisonment if there is a reasonable means of escape of which Plaintiff is aware of
12
Q
Intentional Infliction of Emotional Distress
A
- Intentional of reckless
- Causation of
- Severe emotional distress of another
- By extreme and outrageous conduct
13
Q
Extreme and Outrageous Conduct
A
- Goes beyond all possible bounds of decency
- Is regarded as atrocious
- Is utterly intolerable in a civilized society
14
Q
Markers of Outrage
A
- Repeated conduct
- Abuse of power
- Particular vulnerability of the Plaintiff that is known to the defendant
- Acts of physical violence, threats of violence, or serious economic harm to the Plaintiff, a person, or property in which Plaintiff is known to have a special interest
15
Q
IIED for Family of Victim
A
-Member of Victim’s immediate family
AND
-Was present at the time of extreme and outrageous conduct
AND
-Defendant was aware of Third Party’s presence
Exception - Terrorism - Family does not have to be present
16
Q
Trespass to Land
A
- Intent [no consent]
- To enter [or cause an object to enter]
- The land of another
- And entry occurs
17
Q
Intent Required for Trespass
A
- To enter or to commit equivalent of entry
- To cause entry upon land by another or by an object
- To remain on land after privilege to be there has terminated
- To exceed permitted use of land
- To refuse to remove goods of materials left upon the land
18
Q
Conversion of Chattels
A
- Intentional exercise of dominion and control
- Over the chattel of another
- Substantial dominion or control is exercised
(Complete Dispossession)
19
Q
Substantial Dominion or Control Factors
A
- Extent and duration control by defendant
- Defendant’s intent to assert a right to the property that is inconsistent with Plaintiff’s ownership
- Defendant’s good faith
- Amount of actual interference with the Plaintiff’s right to use the chattel
- Harm done
- Expense of inconvenience caused to Plaintiff
20
Q
Serial Conversion
A
-A BFP who buys from a their-convertor, including a convertor ho takes property by mistake is fully liable for conversion
- A BFP who buys from one who has voidable title is not a convertor
- A BFP who buys such goods from merchant making unauthorized sale get good title and is not a convertor
21
Q
Trespass to Chattels
A
- Intent
- To interfere with the chattel of another
- Such interference occurs
- Plaintiff is harmed
(Temporary Damage)
22
Q
Harm or Dispossession Required (Trespass to Chattels)
A
- Actual dispossession
- Physical harm to the chattel
- Physical harm to the plaintiff or to someone or something in which Plaintiff had a legal interest
23
Q
Self Defense and Defense of Others
A
Justified when…
- Reasonable apparent threat
- Reasonable necessity to use
- Reasonable force
-No retaliation or revenge
24
Q
Reasonable Force Circumstances
A
- In kind
- Degree
- Time used
25
Deadly Force
Justified when...
- To counter reasonably apparent threat of deadly force
- To prevent death of serious bodily harm
26
Defense of Property
- Prohibited from intentionally inuring by deadly force or force that inflict serious bodily harm
- Mere trespass does not justify deadly force
27
Repossession of Chattels
- Resort to the courts for a remedy
| - Privilege of forcible recapture is limited to hot pursuit
28
Arrest and Detention (Shopkeeper's Privilege)
Merchant can detain a person when...
- they have reasonable cause to believe the person has stolen an item
- they detained the person in a reasonable manner
- for a reasonable length of time
29
Consent
- Willingness in fact for conduct to occur
| - May be manifested by action or inaction and need not be communicated to the actor
30
Apparent Consent
-Words or conduct are reasonably understood by another to be intended as consent
31
Consent Particulars
- Actor should not exceed the scope of consent
- Medical emergencies, when a patient is unconscious an cannot give consent
- Consent procured by fraud may not be valid consent
- Consent may be revoke at any time by communicating revocation to Defendant
- Substituted Consent: adult family member or guardian may give consent on behalf of a minor or incapacitated adult
- Competence for Consent: measured by the ability to understand the condition, nature, and effect of the proposed treatment of its rejection
32
Public Necessity
Not liable for harms done by public or private individuals when:
- the action taken is for the purpose of protecting the public from disaster
- the action is in fact or reasonably appears to defendant to be necessary
- the privilege is exercised in a reasonable manner
33
Private Necessity
- An actor is privileged to commit a trespass to land or chattels, or a conversion, if it is or reasonably appears to be necessary to prevent a serious greater harm
- Even if the privilege applies, the actor will be responsible for damage caused to the other person's property
