Intentional Torts

Front 1

3 ways to prove Intent: What has to be intended?

Back 1

• i. Purpose
o of causing required consequences

• ii. Knowledge of substantial certainty
o knowing the consequences will result

• iii. Transferred intent: Force used by… (jamming door open results in injuring a person).
o a) Intend a forcible tort
o b) Forcible tort resulted
o c) Direct
o d) Immediate

Front 2

Does age affect intent?

Back 2

Age does not affect intent.

Front 3

Does mental disability affect intent?

Back 3

Mental disability does not affect intent.

Front 4

Mistake of Fact

Back 4

Purpose to do wrong, mistake of fact is irrelevant.

EXAMPLE: giving jewelry to mistaken person: Purpose was to put in hands of another.

Front 5

Does mistake of fact prove intent? If you could prove intent, does mistake of act remove it?

Back 5

Mistake of fact does not prove intent, if you could prove intent, MOF does not remove it.

Front 6

Is mistake of fact a defense for intent?

Back 6

If you could prove intent, MOF does not remove it.

Front 7

Elements of False Imprisonment

Back 7

(1) Conduct
(2) intended to cause and causing
(3) confinement
(4) w/o consent or privilege.

Front 8

What are the deciding factors for false imprisonment?

Back 8

i. Did conduct cause confinement?

and

ii. Did D intent to cause confinement? Confinement has to be intended.

Front 9

How does one prove confinement?

(Proving Confinement - False Imprisonment)

Back 9

Use the reasonable person test

Front 10

What is physical confinement?

(Proving Confinement - False Imprisonment)

Back 10

1) Physical confinement: Force against Person. Facts show locked in, no reasonable means of escape. (if put in harm when escaping there is p.c.)

2) Physical confinement: Force against Property

Front 11

Threat of Force

(Proving Confinement - False Imprisonment)

Back 11

1) Person (not physical, its verbal): Reasonable person test. i.e. “don’t move or ill shoot you.”
• Imminent force

2) Property/3rd party: Reasonable person again. Diamond>toothbrush.
• Confined against threat of harming others/property.

3) Legal authority (law requires you stay)
• Assertion legal authority

Front 12

Duty to Release

(Proving Confinement - False Imprisonment)

Back 12

If you forget to release and never intended to release will be held to intent of initial confinement. (Don’t mix up w/moral, social duty).

Front 13

Confinement of Property

(Proving Confinement - False Imprisonment)

Back 13

Confinement of Property/3rd party: reasonable person test
• When a reasonable person would feel confined because property or 3rd party is confined (example: mechanic keeps car)

Front 14

Elements of Intentional Infliction of Emotional Distress (IIED)

Back 14

(1) Extreme and outrageous conduct (2) intended to cause and causing (3) severe emotional distress (4) w/o consent/privilege.

i. Distress must be intended.
ii. If you didn’t intend it you were reckless.

Front 15

Elements of Trespass to Land

Back 15

(1) Conduct
(2) intended to cause and causing
(3) entry on land of another
(4) w/o consent/privilege (watch out for necessity).

• Trespass must be physical. Tangible entry.

• Must be on TT’s land. (Must have exclusive possessory right).
o Ex: tenant has exclusive possessory right over landlord.

• Invading right to possession (exclusive)

• Consent: No privilege is consent expired. Also when consent is exceeded (going to bedroom not bathroom).

• 1) Conduct causing entry
o ex: water flowing to your land b/c of conduct.
o Inducing others to go onto land, caused entry.
o Can also cause indirectly.

• 2) Intent: ex water flowing. May not have been intended, but if you do nothing about it then you know to a substantial certainty that trespass occurred.

Front 16

Elements of Trespass to Chattel

Back 16

(1) Conduct
(2) intended to cause and causing interference with (3) personal property possessed by another
(4) w/o consent/privilege.

• Use if you want chattel back. (care gets messed up but want $ from repairs).

• Not attached to land: Personal property.

• Need actual damages. Quality of property impaired.
o Physical damages
o Deprive person of possessory rights for a substantial enough period.

• Less serious than conversion.

Front 17

To establish a prima facie case for intentional tort liability, it is generally necessary that P prove the following:

Back 17

(1) Act by D;
(2) Intent; and
(3) Causation

Front 18

Act Requirement for Intentional Tort Liability

Back 18

Volitional (voluntary) Movement

Front 19

Intent Requirement for Intentional Tort Liability

Back 19

a) Specific
b) General
c) Actor Need Not Intend Injury
d) Transferred Intent
e) Motive Distinguished
f) Minors & Incompetents

Front 20

Specific Intent

Back 20

An actor "intends" the consequences of his conduct if his PURPOSE in acting is to bring about these consequences.

Front 21

General Intent

Back 21

An actor "intends" the consequences of his conduct if he KNOWS WITH SUBSTANTIAL CERTAINTY that these consequences will result.

Front 22

Actor Need Not Intend Injury

Back 22

The intent to bring about the consequences that are the basis of the tort. A person may be liable even for an unintended injury if he intended to bring about such "basis of the the tort" consequences.

EXAMPLE: A intends to push B and does so. B falls and breaks his arm. A's conduct gives rise to the "harmful or offensive contact" of battery.

Front 23

General Rule of Transferred Intent

Back 23

The transferred intent doctrine applies where D intends to commit a tort against one person but instead:
(1) commits a different tort against that person, or
(2) commits the same tort as intended but against another person, or
(3) commits a different tort against a different person

The intent to commit a tort against one person is transferred to the other tort or to the injured person.

Front 24

Limitations of Transferred Intent

Back 24

Transferred intent may be invoked only where the tort intended and the tort that results are both within the following list:

1) Assault
2) Battery
3) False Imprisonment
4) Trespass to Land
5) Trespass to Chattels

Front 25

Causation

Back 25

Conduct of D is a substantial factor in bringing about the injury.

Front 26

To establish a prima facie case for battery, the following elements must be proved:

Back 26

1) An act by D which brings about HARMFUL or OFFENSIVE CONTACT to P's person;

2) INTENT on the part of D to bring about harmful or offensive contact to P's person; and

3) CAUSATION

Front 27

Harmful or Offensive Contact (Battery)

Back 27

Contact is harmful if it causes actual injury, pain, or disfigurement.

Contact is offensive if it would be considered offensive by a REASONABLE PERSON of ordinary sensibilities; or if P has not expressly or impliedly consented to it.

Front 28

P's Person (Battery)

Back 28

Anything connected to P

Front 29

Causation (Battery)

Back 29

D is liable for direct and indirect contact. It will be sufficient if D SETS IN MOTION A FORCE that brings about harmful or offensive contact to P's person.

Front 30

Apprehension Not Necessary (Battery)

Back 30

A person may recover for battery even though he is not conscious of the contact when it occurs.

EXAMPLE: Unauthorized surgery performed on unconscious patient.