Torts _ Intentional Torts Flashcards
(30 cards)
Prima Facie Case of Intentional Torts
(3)
The prima facie case for all intentional torts consists of (1) act; (2) intent; and (3)
causation.
Act
The defendant must act volitionally (i.e., the defendant must have acted on his own free
will).
Intent
Intent may be either specific, general, or transferred.
Specific Intent:
The defendant consciously desires a specific consequence
General Intent: the defendant knows to a substantial certainty that a certain outcome
will result from his act.
Transferred Intent: The intent element is satisfied when the defendant either intends to
commit one tort against one person but instead
a. Commits a different tort against that person;
b. Commits the intended tort against a different person; or
c. Commits a different tort against a different person
Causation
The defendant must have caused the injury. A defendant causes the injury when his
conduct is the substantial factor in bringing about the injury.
Hi Smarty! Remember to discuss causation as the hidden third element :)
Battery (2)
1) Intent
2) Harmful or Offensive Contact
A defendant is liable for battery when he intentionally causes a harmful or offensive contact to the plaintiff’s person.
Defenses to Battery
Consent
People are presumed to consent to the ordinary contacts that are part of life in a crowded
society
Assault (2)
1) Intent
2) Reasonable Apprehension of an imminent battery
A defendant is liable for assault when he intentionally causes the plaintiff to suffer apprehension of immediate harmful or offensive contact to the plaintiff’s person.
The apprehension element consists of showing (a) reasonable (b) apprehension,
and (c) immediacy
Trespass to Chattel (3)
1) Intent
2) Interference with use
3) Remedy = Actual Damages
The defendant commits trespass to chattels when the defendant intentionally commits an
act that interferes with the plaintiff’s right of possession.
Conversion (3)
1) Intent
2) Substantial Interference with use
3) Remedy = Value of property at Conversion
A defendant commits conversion when the defendant intentionally acts to interfere with
the plaintiff’s right of possession that is serious enough in nature or consequence to
warrant that the defendant pay the full value of the chattel.
Trespass to Chattel v Conversion (main difference)
(ToC) Interference + actual damages
(C) SUBSTANTIAL interference + FMV damages
Trespass to Land (2)
1) Intent
2) Physical invasion of land
AdaptiTip
* For trespass to land, you do not need to know whose property you are entering
* For trespass to land, no damage has to occur to the property
The defendant commits trespass to land when the defendant intentionally invades the
plaintiff’s exclusive possessory interest in real property, including air above and soil
below.
Intentional Infliction of Emotional Distress (3):
1) Intent or Recklessness
2) Extreme & Outrageous Conduct
3) Severe Emotional Distress
A defendant commits intentional infliction of emotional distress when he intentionally or
recklessly engages in extreme and outrageous conduct that causes plaintiff to suffer
severe emotional distress.
Bystander Rule IIED (3):
1) Close Family Member
2) Defendant had Knowledge
3) Severe Emotional Distress
Non-Family Member Bystander IIED
- Bystander must suffer PHYSICAL harm
False Imprisonment:
1) Intent
2) Confined, bounded area
3) Aware of Confinement
Defendant (1) intentionally (2) confines or detains plaintiff to a bounded area and (3)
plaintiff is either aware of the confinement or actually harmed by it.
Shopkeeper Privilege (3):
Defense to False Imprisonment
1) Reasonable Belief
2) Detained in a Reasonable Manner
3) Reasonable period of time
Generally, (1) a store owner may detain someone (2) for a reasonable period of time, (3)
based upon a reasonable suspicion that the person stole the store’s property.
Legal Justification
Defense to False Imprisonment
If the defendant is authorized by law to detain or confine the plaintiff, the defendant is not
liable for false imprisonment.
Negligent Trespass to Land (2):
NEGLIGENT VERSION OF INTENTIONAL TORTS
1) Negligently enter land of another
2) Liable for damage to land
Example:
o Jon is driving and texting and swerves onto your
land
Negligent Infliction of Emotional Distress (3):
NEGLIGENT VERSION OF INTENTIONAL TORTS
1) Negligent Conduct
2) Zone of Danger
3) Severe Emotional Distress & Physical Harm
Example:
o Jon is driving and texting and the car is almost
going to hit you. You jump out of the way and break your leg
Bystander Rule NIED (2)
NEGLIGENT VERSION OF INTENTIONAL TORTS
1) Close Family Member 2) Emotional Distress
Mishandling of a Corpse (2):
NEGLIGENT VERSION OF INTENTIONAL TORTS
1) Negligent handling of a corpse
2) No Physical Harm required
TRANSFERRED INTENT (2)
+ Which torts do this apply to (5)?
Transferred Intent:
* Defendant intends to commit a tort, but commits:
1) A different tort or
2) The same tort against a different person
For transferred intent to apply, both torts must be from the following list:
* Assault
* Battery
* False Imprisonment
* Trespass to Land
* Trespass to Chattel
Consent (2):
DEFENSES TO INTENTIONAL TORTS
1) Implied or Express
2) Cannot exceed Scope of Consent
Example:
o Jon tells you to slap him in the face
o You are playing a ball game and pushing each
other around
Self-Defense (2):
DEFENSES TO INTENTIONAL TORTS
1) Reasonable Belief of attack
2) Reasonable Force
Defense of Others:
DEFENSES TO INTENTIONAL TORTS
- Reasonable Belief third party to be attacked
Defense of Property (3) + Exception (“RoC”):
DEFENSES TO INTENTIONAL TORTS
1) Reasonable Force
2) Reasonable Belief to stop invasion of land
3) CANNOT use Deadly Force to defend property
You can only use deadly force to defend property if there is a threat to personal safety (Recapture of Chattel)
Private Necessity:
DEFENSES TO INTENTIONAL TORTS
- Defense to Trespass
- Liable for damages to property
Example:
o You are flying a plane, and the plane is about to crash, so you land on someone else’s piece of land to avoid crashing
