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59 Cards in this Set

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itent requirement for intentional torts
specific intent or general intent
specific intent
the goal in actin gis to bring about the specific consequences
general intent
actor knows with substantial certainty that the consequences will result
transferred intent may be invoked only if both the tort intended and the tort that results are:
assault
battery
false imprisonment
trespass to land or
trespass to chattels
general rule of transferred intent
intent to commit a certain (intentional) tort against one person is transferred to the tort actually committed or to the person actually injured for the purposes of extablishing a prima facie case for an intentional tort
Is incapacity a defense to an intentional tort?
No, even children and mentally incompetant people are laible for their intentional torts since everyone is capable of intent
test for causation for intentional tort
defendant's conduct was a substantial factor in bringing about the injury
Prima Facie case for battery
1. harmful or offensive contact
2. to plaintiff's person
3. intent
4. causation
definition of plaintiff's person for prima facie case of battery
anything connected to the plaintiff
standard for "harmful or offensive contact" for prima facie case of battery
reasonable person standard
Must contact be direct to satisfy the prima facie element for battery?
No. indirect or direct contact qualifies
Prima Facie case for Assault
1. act by D. creating reasonable apprehension in P.
2. of immediate harmful or offensive contact to P.'s person
3. intent
4. causation
Apparent Ability rule for assault
if the D. has the apparent ability to commit a battery, this is enough to create a reasonable apprehension
_________ alone are not sufficient to satisfy a prima facie case for assault.
WORDS
Do words coupled with conduct always rise to the level of reasonable apprehension for assault?
no. accompanying words can negate reasonable apprehension that would come from the conduct alone
prima facie case for false imprisonment
1. act or omissio on the part of D. that confines or restrains P.
2. to a bounded area
3. intent
4. causation
5 examples of sufficient methods of confinement or restraint for prima facie case of false imprisonment
1. physical barrier
2. physical force
3. threats of force
4. failure to release
5. invalid use of legal authority
2 examples of insufficient methods of confinement or restraint for prima facie case of false imprisonment
1. moral pressure
2. future threats
Is there a minimum time limit on confinement for false imprisonment?
no. it is irrelevant how short the period of time is
To satisfy a prima facie case for false imprisonment, the plaintiff must _________ of the confinement or be ____________ by it.
know; harmed
What is a bounded area? (prima facie case for false imprisonment)
an area where freedom of movement is limited in all directions and from which there is no reasonable means of escape know to the P.
Prima Facie case for Intentional Infliction of Emotional DIstress
1. act by D. amounting to extreme or outrageous conduct
2. intent or recklessness
3. causation
4. damages - severe emotional distress
Intentional Infliction of Emotional Distress: conduct that is not noramlly outrageous may become so if ....
1. it is continuous,
2. it is directed toward a particular type of plaintiff, or
3. it is committe by a certain type of defendant
4 types of protected plaintiffs under intentional infliction of emotional distress
1. children
2. elderly people
3. pregnant women
4. supersensitive adults if known to the D.
2 types of suspect defendants under intentional infliction of emotional distress
innkeepers and common carriers - may be liable for mere "gross insults"
Alternative prima facie case for bystander claiming intentional infliction of emotional distress
1. bystander waws present when injury occurred
2. bystander is a close relative of the injured person
3. defendant knew of the previous 2 elements
3 intentional torts to property
1. trespass to land
2. trespass to chattels
3. conversion
Prima facie case for trespass to land
1. physical invasion or plaintiff's real property
2. intent
3. causation
for the prima facie case of trespass to land, invasion may be by a __________ or an _________.
person; object
In addition to the surface, the real property element of trespass to land includes ....
airspace and subterranean space of which the owner could make a reaosnable use
itent element for prima facie case of trespass to land
D. need only intend to enter the land; he need not know that the land was private
Prima facie case for trespass to chattels
1. act by D. that interferes with P.'s right of possession in a chattel
2. intent
3. causation
4. damages
2 types of interference which satisfy the prima facie case for trespass to chattels
1. intermeddling
2. dispossession
Prima Facie case for Conversion
1. act by D. that interferes with P's right of possession in a chattel
2. seriousness of the act requires D. to pay full value of the chattel
3. intent
4. causation
Limitations on consent as a defense to intentional torts
1. majority view: cannot consent to criminal act
2. consent must be valid
3. D. must stay within the boundaries of the valid consent
Express consent induced by fraud is not a defense to an intentional tort if ....
if goes to an essential matter, not a collateral matter
When will mistake undo express consent as a defense to an intentional tort?
if the D. knew and took advantage of the mistake
Express consent obtained by duress will be invalidated as a defense to an intentional tort unles ...
the duress is only threats of future action or future economic deprivation
Is capacity necessary for consent?
yes
When a person _______ ________ that he is being or is about to be attacked, he may use such force as is _________ _________ to protect against injury.
reasonably believes; reasonably necessary
What kind of mistake is allowed for self defense?
a reasonable mistake as to the existence of the danger
Modern trend for self defense imposes a duty to retreat before using DEADLY force unless:
1. retreat cannot be done safely
2. the actor is in his home
When can one use force to defend another?
when the actor reasonably believes that the other person could have used force to defend himself
What kind of mistake is allowed for defense of others?
a reasonable mistake as to whether the other person is being attacked or has a right to defend himself
one may use __________ force to prevent the commission of a tort against her real or personal property.
reasonable
prerequisite for using reasonable force to prevent the commission of a tort against real or personal property
request to desist or leave, UNLESS such a request clearly would be futile or dangerous
When can one use reasonable force to potect proeprty after a tort has been committed against the property?
only when in hot pursuit of another who has tortiously dispossessed the owner of his chattels
What mistkaes are allowed in use of force to protect property?
reasonable mistake as to whether an intrusion has occurred or whether a request to desist is required
What mistake is specifically disallowed for use of force to protect property?
mistake as to whether the entrant has a privilege that supersedes the defense of property right, unless the entrant leads the D. to reasonably believe there is not a privilege
When can force causing death or serious bodily harm be used to protect property?
only if the invasion of property also entails a serious threat of bodily harm
force may be used to recapture a chattel only when ....
in hot pursuit of one who has obtained possession wrongfully
One may recapture a chattel from a tortfeasor or ______________; not _____________.
a 3rd person who knew or should have known that the chattels where tortiously obtained; an innocent party
When does one have privilege to enter a wrongdoer's land to reclaim a chattel?
at a reasonable time; in a reasonable manner; and after making demand for return of the chattels
When does one have privilege to enter the land of an innocent party to claim his chattels?
at a reasonable time; in a reasonable manner; after the landwoner has been given notice of the presence of the chattel and has refused to return it
Will a person who enters the land of an innocent part to reclaim his chattels be laible for damages?
yes, for actual damage caused by the entry
When does one have privilege to enter the land of another to reclaim his chattles which are there due to his own fault?
never; owner can recover the chattels through legal process only
Generally, what mistake is allowed regarding a defendant's right to recapture chattels or enter the land?
none
Special privilege for shopkeepers regarding recapture of chattels
may have a privilege to detain for a reasonable period of time individuals whom they reasonably believe to be in possession of shoplifted goods
How much force may be used to recapture chattels?
reasonable force; not force sufficient to cause death or serious bodily injury