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18 Cards in this Set
- Front
- Back
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Is Plaintiff's extreme sensitivity important?
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NO. You always assume you deal with a person of average sensitivity.
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Is incapacity a defense?
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No. Children, mentally ill persons, etc. can be held liable for intentional torts.
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Intent
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D must desire to bring about forbidden result OR known to a virtual certainty that a particular result will occur
Intentional infliction of emotional distress: intent not required; recklessness is enough |
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Transferred intent
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If D intents tort A, can be held liable for tort B
If D intends to commit tort against person X, can be held liable for committing tort against person Y |
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Battery
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D commits a harmful or offensive contact with P's person
Offensive: would not be permitted by a normal person P's person: includes anything the person is holding or connected to |
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Assault
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D places P in a reasonable apprehension of immediate battery
Apprehension = knowledge (not fear) Words alone are not enough |
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False imprisonment
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D commits an act of restraint, and P is confined in a bounded area
Act of restraint: can be threats; can be omission; it's a problem only if P knows of it or is harmed by it Bounded area: doesn't count if P can has a reasonable means of escape (not hidden, disgusting, dangerous) |
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Intentional infliction of emotional distress
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D must engage in outrageous conduct and P must suffer severe emotional distress
Outrageous: exceeds all bounds of decency tolerated in civilized society; not outrageous if protected by First Amendment or if mere insults; more likely to be outrageous if repetitive, done by inkeeper or common carrier, or if P is member of fragile class of persons (children, elderly, pregnant); it is always outrageous to target a person's known sensitivities (even if just by words) |
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Third party recovery for intentional infliction of emotional distress on another
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1. Injured person is close relative of P
2. P was present when injury occurred 3. D knew of P's presence and relationship |
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Trespass to land
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Act of physical invasion that interferes with P's exclusive possession of the land
Invasion: D enters property or propels tangible object onto or over property Possessor of land: e.g., renter, not owner |
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Trespass to Chattels
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Intentional interference with an item of personal property (e.g., physical harm to property--intermeddling--or dispossession)
Small amount of harm Can only recover actual damage caused Mistake as to ownership is no defense |
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Conversion
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Intentional interference with personal property (harming--intermeddling--or taking property--dispossession)
Large amount of harm Can recover fair market value of item Mistake as to ownership is no defense |
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Consent (affirmative defense to intentional tort)
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Defense to all intentional torts
Does not apply if P lacked legal capacity Children can consent to age appropriate invasions of their interests Express consent not valid if obtained through fraud or duress Implied consent based on (a) customary practice, (b) D's reasonable interpretation of P's objective conduct Consent not valid if made by mistake and defendant caused the mistake or knew of it and took advantage of it Consent is no defense if tort exceeds scope of consent Threats of future action or future economic deprivation do NOT invalidate consent |
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Protective privileges (self defense, defense of others, defense of property)
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Must act in heat of moment (no revenge)
D must have reasonable belief that threat is genuine D can use only the force necessary to respond to the threat Can respond to deadly force with deadly force (except in NY, and there's a possibility of retreat, unless in own home, in which case need not retreat) Land: cannot use force to regain possession Property: can use force to regain possession, but cannot use deadly force |
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Public Necessity
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Defense to three property torts (trespass to land, trespass to chattels, conversion)
D can commit a property tort in an emergency to protect the community as a whole or a significant group of people (e.g., shoot a rabid dog) |
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Private necessity
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D can commit a property tort in an emergency to protect his own interest
But D is still liable for compensatory damages (actual harm to property) -- NOT for punitive or nominal damages As long as emergency continues, D has right to remain on P's property in a position of safety |
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Intentional torts
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Battery
Assault False imprisonment Intentional infliction of emotional distress Trespass to land Trespass to chattels Conversion |
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Damages
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Eggshell skull
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