Torts Flashcards
(195 cards)
What is “Intent” with respect to Intentional Torts?
When the defendant acts:
- with the purpose of causing the consequence; or
- knowing the consequence is substantially certain to occur.
*Note: Consequence means the act that constitutes the tort, not the harm that followed. *
What is Transferred Intent?
When the defendant intends to commit an intentional tort against one person but instead commits:
- A different intentional tort against the same person;
- The same intended tort against a different person; or
- A **different intentional tort **against a different person
The Doctrine of Transferred Intent applies to which intentional torts?
- Battery
- Assault
- False Imprisonment
- Trespass to Land
- Trespass to Chattels
(only intentional tort not applicable is IIED)
What are the elements of Battery?
- Intentional
- Harmful or offensive contact with the person of another;
- Defendant causes the harmful or offensive contact; and
- Acts with the intent to cause such contact or apprehension of such contact
Is there Battery if there is consent?
No, there is no battery if there is express or implied consent
What is harmful or offensive contact for the purposes of Battery?
- Harmful Contact: causes an injury, physical impairment, pain, or illnesss
-
Offensive Contact: A person of ordinary sensibilities would find contact offensive
- Defendant might be liable if aware that victim is hyper-sensitive but acts nonetheless (this is an exception to the objective test)
In a Battery, must the plaintiff be aware of the contact?
No, the Plaintiff need not be aware of contact when it occurs.
- Example: unconcious medical patient is inappropriately touched by someone
What constitutes the Plaintiff’s “Person” in a Battery?
Anything that is connected to the plaintiff’s person qualifies as contact with the person.
- Examples: A cane, clothing, leashed pet, bicycle
What Damages are available under Battery? And, what is the Egg-Shell Plaintiff Rule?
- Egg-Shell Plaintiff Rule: Defendant is not required to foresee the extent of damages to be liable for all damages
- No proof of actual harm is required, the plaintiff may recover nominal damages even though no actual damage occurred (to vindicate his right to physical autonomy).
- Punitive damages allowed if the Defendant acted with malice or outrageously
What are the elements of Assault?
- Plaintiff’s reasonable apprehension
- of an imminent
- harmful or offensive bodily contact
-
intentionally caused by the Defendant
- Words can negate intent (“If you were not such a good friend, I would punch you.”).
A Plaintiff’s Apprehension under Assault must be:
- Must be reasonable
- Plaintiff must be aware or have knowledge of the defendant’s act
- Actual fear is NOT required (The defendant’s apparent ability to cause harm (e.g., a “real-looking” toy gun) can be sufficient to place the plaintiff in apprehension of harm.)
Under Assualt, the threatened harmful or offensive bodily contact must be: _____.
- Must be without significant delay
- Threats of future harm are not sufficient
What Damages are available under Assault?
- No proof of actual damages is required, can recover nominal damages.
- Can recover damages from physical harm flowing from the imminent apprehension (e.g., plaintiff suffers a heart attack).
- In appropriate cases, punitive damages.
What are the elements of Intentional Infliction of Emotional Distress (IIED)?
- Intentional or Recklessly
- Acting with
- Extreme or Outrageous conduct
- that causes (substantial factor)
- Severe Emotional Distress
How is “Extreme” or “Outrageous” conduct defined for the purposes of IIED? What are instances where Courts are more likley to find conduct or language to be extreme or outrageous?
- Conduct that exceeds the limits of common decency so as to be intolerable to society.
- More likely if defendent is in position of authority or **influence **over the plaintiff (e.g., Police Officer)
- More likely if Plaintiff is a member of a group **that has heightened sensivitivity **(e.g., young children)
IIED for Conduct Directed towards Third-Party (Family Rule)
- Conduct directed at Victim’s immediate family;
- Victim is present at the time of conduct;
- Defendant is **aware of **Victim’s **presence. **
*Note: No requirement for physical injury *
IIED for Conduct Directed towards Third-Party (Bystander Rule)
- Bystander is present;
- Defendant is **aware of **bystander’s presence; and
- Bystander suffers distress that results in bodily injury
Special Causation Rule for Bystanders claiming Severe Emotional distress
The Bystander does not need to prove (1) presence and (2) defendant’s awareness if the defendant’s design or purpose was to cause severe distress to the plaintiff.
What are the elements of False Imprisonment?
- Defendant acts intending to confine or restrain another
- Within boundries fixed by the defendant
- Act does indeed result in confinement;
- Plaintiff is aware of or harmed by confinement; and
- There are no safe means of escape
What is the Shopkeeper’s Privilege (False Imprisonment)
A shopkeeper can detain a suspected shoplifter without being considered false imprisonment
Intent & False Imprisonment
- What is the necessary Intent with regard to False Imprisonment?
- What if the confinement is due to negligence?
- Confinement must be done with purpose of or knowledge that confinement is certain to result from actions
- Negligent actions leading to confinement are not False Imprisonment
What Damages are available under False Imprisonment?
- Proof of Actual Damages is not required. Nominal Damages may be recovered, unless the Plaintiff is not aware of the confinement.
- Punitive Damages may be recovered
Defense of Express Consent to Intentional Torts
- Are there any limits to the defense?
Express Consent: Plaintiff by **words **or **actions **manifests a willingness to submit to the conduct
- Defendant’s conduct cannot exceed the scope of the consent
Consent by Mistake is . . .
Valid, unless the Defendant caused the mistake or knew of it and took advantage of it