TORTS: Intentional Torts Flashcards
Battery
The intentional infliction of a harmful or offensive bodily contact. Intent can be satisfied by showing the defendant’s desire and purpose or by showing the defendant’s knowledge with substantial certainty. Harmful touching is that which causes pain or bodily damage offensive touching is contact that offends a reasonable person’s sense of dignity. Contact can be direct or indirect. Must show causation.
Assault
The intentional causing of an apprehension of an imminent harmful or offensive contact. Plaintiff must have been aware of the threat. Defendant’s intent can be satisfied by showing desire and purpose or knowledge with substantial certainty. Must show causation.
Transferred Intent
Transferred intent provides the requisite intent when the defendant has the necessary intent with respect to one person but instead commits a different tort against that person or any other person or commits the intended tort against a different person. Transferred intent cannot be invoked for the torts of conversion or IIED.
IIED
Intentional infliction of emotional distress is the intentional or reckless infliction of severe emotional or mental distress caused by defendant’s extreme and outrageous conduct. Extreme and outrageous conduct is that beyond all possible bounds of decency. Severe emotional distress suffered by the plaintiff must be severe the bodily harm is not required. Must show causation.
False Imprisonment
False imprisonment occurs when the defendant intentionally causes the plaintiff to be confined restrained or detained to a bounded area with no reasonable means of escape. Plaintiff must be aware of the confinement or have suffered harm as a result of the confinement. Must show causation.
Bystander IIED
To recover for intentional infliction of emotional distress as a bystander the plaintiff must show that they were present when the injury to the third party occurred that the plaintiff is a close relative to the victim and the defendant knew plaintiff was present and a close relative. Must show causation.
Trespass to Land
Trespass to land is the intentional physical invasion of the land or real property of another. Intentional invasion only requires that the defendant intend to invade the land mistake as to land ownership does not provide a defense. Physical invasion of the land does not require that the land be harmed and includes entry on to another’s land without permission, remaining upon the land without the right to be there, or placing or projecting an object upon the land without permission. Must show causation.
Trespass to Chattels
Trespass to chattels is an intentional interference with a person’s use or possession of a chattel. Defendant need only intend to interfere with the chattel in the manner he does so a mistake as to ownership is not a defense. If interference involves dispossession then harm is assumed. If interference is with use or intermeddling then there must be actual harm to the chattel or physical harm to the plaintiff in order to recover damages. Damages are usually measured by the loss of value caused by the loss of use. Must show causation.
Conversion
The intentional interference with the plaintiff’s possession or ownership of property that is so substantial that it warrants requiring the defendant to pay the properties full value. The defendant need only intend to interfere with the chattel in the manner that he does and mistake to ownership is not a defense. Substantial interference includes taking full possession of a chattel, transferring possession of a chattel to a third person, refusing to return chattel, or destroying chattel. Must show causation.
Defenses to Intentional Torts
Consent
Self-Defense or defense of others
Defense of Property
Recapture of Chattels or Land
Shopkeeper’s Privilege
Arrest under legal authority
Necessity
Consent
Consent is a defense to an intentional tort when the plaintiff has the legal capacity to consent, the defendant does not act beyond the scope of that consent, and the conduct is not a criminal act. Consent can be expressed or implied. If implied, we look at common understanding, custom and usage, or the defendant’s reasonable interpretation of plaintiff’s objective conduct.
Self-Defense or Defense of Others
A person is entitled to use reasonable Force to prevent threatened harm, offensive bodily contact, or threatened confinement or imprisonment, to themselves or to another person. The defendant’s use of force must be proportionate to the threatened harm, and the use of deadly force is only allowed if the defendant is in danger of death or serious bodily harm.
Defense of Property
A person may use reasonable force to defend their real or personal property. The person must first warn the intruder to stop unless it reasonably appears that it would be feudal or dangerous. Deadly force is not allowed unless non-deadly force will not suffice and the defendant reasonably believes that without deadly force death or serious bodily harm will result. A property owner may only use a mechanical device to protect their property if they could have used that same degree of force if they were physically present.
Recapture of Chattels
A property owner has the general right to use reasonable Force to regain possession of chattels that were taken by someone else. The property owner must be in Hot pursuit and deadly force is not allowed.
Shopkeeper’s Privilege
Shopkeepers have the privilege to temporarily detain individuals in a reasonable manner whom they believe is in possession of shoplifted goods. The temporary detention is allowed for a reasonable time to investigate if shoplifting has occurred and the police must be called to make an arrest.
