Random set of int torts Flashcards
(21 cards)
9/26 FI // 2 elements of FI
Action with intent to confine
(purpose OR substantial certainty, like all intentional torts)
+
Actual confinement
(3 walls, a prison don’t make)
(a mobile prison, like a gilded yacht, can still be a prison)
(sometimes a safe, alternative exit for one person not for another)
on duffy old exam, was it FI if people were being confined on a sinking ship?
jumping in water may be safe, alternate exit… no FI for most people
but yes FI for someone in wheelchair
(sometimes a safe, alternative exit for one person not for another)
if person is being forced into the water (and captain knows with substantial certainty) .. probably a battery
if you get locked in and there’s a window on first floor.. is it FI?
probably no conifnement..
second floor iffy
third or above»_space; confinement
How flexible are courts w regard to FI?
Courts generally are flexible with means if intent is obvious
Taylor v Johnson
A court’s refusal to honor (or give back) prescription didn’t physically confine woman.. no FI
Woman says I don’t want to get into car.. man puts suitcase in car and locks it.. and she gets in.. is it FI?
Court said yes
If you threaten someone with DIFFICULTIES if they physically leave, is it sufficient confinement for FI?
Yes.. Duffy threatening to fail you if you leave the room, then yes.
Can you, for defense of persons or property, confine someone until the police arrive?
Yes
Shopkeepers privilege
Most states recognize this… Coblyn’s case is the main case on this. Everything has to be honest and reasonable… reasonable does not equal honest
Reasonable
- belief
- means
- time
O’Brien Herd cases…. takeaway?
comes down to consent…
the O’Brien standard: What would a reasonable person construe that party consented to?
Modern courts would probably say that consent to confinement is revokable…
Can threat for FI be non-physical?
Yes. Even if threat is not physical, it’s FI.. like holding someone’s passport
Can defense of third person be a defense of the person being confined?
Yes, it can be if elements are satisfied
Is there a time length requirement?
No.. the imprisonment CAN be only for a few minutes
9/26 // IIED
IIED is the first intentional tort we’ve seen that is not assessed on RECKLESSNESS standard. What’s recklessness?
recklessness is in between negligence and intent standards
recklessness: actor proceeded in the face of a large threat the actor knew (subjective) or should have known (objective)
**For IIED intent element to be satisfied, you can either have the INTENT to do the act OR was reckless in doing the act
You need to expand to recklessness to create liability in situations where, in good faith and with no intent or knowledge of harm, someone does something extreme and outrageous
What’s the act for IIED?
Extreme AND outrageous conduct
Battery vs IIED?
For IIED…
The intent standard goes down
The act standard goes up
And for IIED, P must prove a damage (actionable injury) unlike assault or offensive battery
the little jockey taking a swing at an NFL linebacker is liable for assault but for IIED… why?
A reasonable trier of fact probably wouldn’t find any distress under IIED
IIED is subject to First Amendment limitations.. Westboro Baptist Church case?
In this case, the elements of IIED are satisfied
Because the Westboro picketers said political, policy things.. and were not super targeted to the grieving family
Rockhill v Pollard case?
Doctors (maybe professor) have a higher duty and may more easily satisfy outrageous and extreme conduct element
IIED is subject to First Amendment limitations.. Westboro Baptist Church case?
In this case, the elements of IIED are satisfied.
But Westboro picketers have privilege!
PUBLIC (POLITICAL) SPEECH IS NOT TREATED THE SAME AS PRIVATE SPEECH
IIED can only be brought for PRIVATE SPEECH, NOT PUBLIC (POLITICAL) SPEECH
Because the Westboro picketers said political, policy things.. and were not super targeted to the grieving family
Rockhill v Pollard case?
Doctors (maybe professor) have a higher duty and may more easily satisfy outrageous and extreme conduct element
