Intentional Torts Prosser Wade Schwartz

Front 1

Elements of battery

Back 1

1. intentional:
a) Desire to cause contact or frighten or b) knows that consequences are substantially certain to result from act.
2. harmful offensive contact with P's person

Front 2

Start battery off as

Back 2

battery is the intentional infliction of a harmful or offensive bodily contact.

Front 3

Intent

Back 3

desire to bring about consequences or knowledge that actions are substantially certain to bring about cnosequences.

Front 4

Assault

Back 4

1) intentional act
2) that causes P to have reasonable apprehension of imminent battery
a) imminent= apparent intent and apparent present ability to carry out threat immediately.

Front 5

Begin assault with

Back 5

assault is the intentional causing of an apprehension of an imminent harmful or offensive contact

Front 6

False imprisonment

Back 6

1) Intentional confinement
2) wthin boundaries fixed by D, actually confines P.
3) P is aware of confinement or harmed by it

Front 7

begin false imprisonment with

Back 7

False imprisonment occurs when the defendant intetnionally confines teh plaintiff. The plaintiff is 'confined' when his will to leave a place with fixed boundaries is overcome in a way that would overcome the will of an ordinary person in the P's position"

Front 8

IIED elements

Back 8

1) Intentional or reckless
2) extreme and outrageous conduct
3) causing severe emotional distress to P

Front 9

begin IIED with

Back 9

"the tort of intentional infliction of emotional distress occurs whenever the defendant intentionally or recklessly causes, by outrageous conduct, severe emotional or mental distress in another person"

Front 10

Trespass to land elements

Back 10

1) D intentionally enters P's land without permission
2) D remains on Ps land without right ot be there, even if entered rightfully or
3) P put an object on Ps land without permission (airspace)

Front 11

begin trespass to land with

Back 11

"trespass to land is the intetnional unauthorized entry onto the land of another"

Front 12

Trespass to Chattels elements

Back 12

1)intentional interference with a person's use or possession of a chattel

Front 13

liable for trespass to chattels for intermedling if

Back 13

1) the chattel is damaged
2) possessor deprived of use of chattel for substantial time
3) or bodily harm is thereby caused to possessor or harm is caused to some person or thing in which possessor has legally protected interest

Front 14

begin trespass to chattel with

Back 14

"trespass to chattels is the intentional interference with another's possessory interest in a chattel, resulting in damage to that interest"

Front 15

Conversion elements

Back 15

1) intentional interference
2) with Ps possession or ownership of property
3) that is so substantial
4) that D should be required to pay property's full value

Front 16

ways to commit conversion (8)

Back 16

1. acquire possession
2. misdelivering/transfer to third person
3. withholding good
4. damaging it
5. using it
6. receiving it
7. disposing of it
8. refusing to surrender it

Front 17

Restatement 222a conversion

Back 17

factors to be considered:
1. extent and duration of dominion or control
2. Actor’s intent to assert a right in fact inconsistent with other’s right of control.
3. Actor’s good faith
4. Extent and duration of resulting interference with other’s right of control
5. Harm done to chattel;
6. Inconvenience and expense caused to the other.

Front 18

Defenses to intetional torts

Back 18

1. consent
2. self defense
3. defense of others
4. defense of property
5. recovery of property
6. necessity
7. privilege of authority
8. privilege of discipline
9. justification

Front 19

Consent

Back 19

Express/implied.

Front 20

implied consent

Back 20

words or conduct that would lead a reasonable person to conclude P consented and did in fact lead D to such a conclusion (obrien)

Front 21

consent implied as a matter of law

Back 21

even if P incapable of truly giving consent, consent implied as matter of law if:
• 1) P is unable to give consent
• 2) immediate action is necessary to save P’s life or health
• 3) there is no indication that P would not consent if able
• 4) a reasonable person would consent in the circumstances.
• 5) physician has no reason to believe this patient would refuse treatment under circumstances.

Front 22

Self-defense

Back 22

-can use for "reasonably" necessary
-harm must be imminent unless reasonably appears that there will be no later chance to prevent danger
-mistake is okay if D REASONABLY believes that self-defense is necessary.
-verbal insults do not justify SD.

Front 23

defense of others

Back 23

-reasonably believe other would be able to defend self
- force is reasonable AND
-necessary to protect the other

- minority: step into shoes of other person so if they weren't entitled to SD, then you are liable for battery.

Front 24

recovery of property

Back 24

may use only force necessary to defend property.
- must first make verbal demand that intruder stop, unless it appears violence or harm will occur immediately, or that request to stop will be useless.

Front 25

deadly Force for defense of property

Back 25

only where
1. non deadly force will not suffice
2. to defend home
3) some courts only in situations where invasion threatens serious bodily harm or death

Front 26

recovery of property

Back 26

reasonable force if
1. entitled to immediate possession;
2. demanded return and the other refused
3. in fresh pursuit
4. person pursued is wrongdoer
5. force is reasonable

Front 27

Necessity

Back 27

D has privilege to harm property interest of P where its necessary to prevent great harm to third persons or D herself

Front 28

public necesseity

Back 28

interference of property of another is necessary to prevent disaster to community or many people

Front 29

private necessity

Back 29

: if a person prevents injury to himself or his property, or that of a third person, protected by privilege of private necessity IF no less-damaging way of preventing harm.

if actual damage, D must pay.

Front 30

privilege of authority: arrest w/ warrant

Back 30

only liable if excessive force

Front 31

privilege of authority arrest without a warrant

Back 31

- for citz and cops: for felony or breach of peace IF offense is being committed or seems about to be committed in his presence
- cops: past felony: IF reasonably beleives felony has been committed AND reasonably believes he has the right criminal
- citz past felony: only if felony has in fact been committed.

Front 32

privilege of discipline

Back 32

Restatment factors to see if w/in priv
1. whether D is parent
2. age sex condition of child
3. nature of offense and apparent motive
4. influence of child's conduct as example on other children in same fam
5. whether force or confinement reasonably nec and approp to compel obedience
6. whether it is disproportionate to the offense, unnecessarily degrading or likely to cause serious permanent harm

Front 33

justification

Back 33

catchall term: used where there are good reasons for exculpating D from what would otherwise be an intentional tort (sindle schoolbus case)