Intentional Torts To Persons, Land And Chattels

Front 1

Intent definition

Back 1

a person acts intentionally when:
A person acts intentionally when:
1. he acts for the purpose of causing the consequences of his act, OR
2. he KNOWS the consequences substantially certain to result from his act.

Front 2

types of tortious intent

Back 2

acting for the purpose
substantial certainty

Front 3

transferred intent

Back 3

when the D intends tortious conduct agsint a party, but the resulting harm is caused to another party, intent is transferred from intended party to harmed party.
INTENT CAN ONLY BE TRANSFERRED PERSON TO PERSON!!!

Front 4

which torts does transferred intent apply to?

Back 4

assault, battery, false imprisonment, trespass to land, trespass to chattel.

Front 5

Battery

Back 5

a.A person is liable for battery when she
1.Intentionally causes
2.Harmful OR
3.Offensive
b.Contact
1.With the person of another OR
2.To anything so closely connected with the other’s body as to be regarded a part of it

Front 6

Assault

Back 6

1. intetionally cause
2. a REASONABLE apprehension of
3. IMMINENT bodily harm (battery)

Front 7

False imprisonment

Back 7

1. D intentionally
2. by acts OR threats
3. causes P to be totally confined (against P's will)
4. w/n boundaries est. by D (physical or intangible)
5. w/no REASONABLE means of escape known to P
6. P is aware of confinement
OR
7. P is harmed by confinement
8. w/o consent or legal justification

Front 8

IIED

Back 8

Intentional infliction of emotional distress
1. intent (or recklessly)
2. causation
3. extreme and outrageous conduct
4. severe emotional distress

Front 9

E&O conduct

Back 9

when the D, knowing of the P's peculiar sensitivities, intentionally uses extreme conduct to cause emotional distress. *a lessened req. or E&O applies to common carriers and innkeepers.

Front 10

severe emotional distress

Back 10

although physical injury is not req'd, P must have suffrede severe emotional distress in order to state a claim. Ordinary hurt feelings, slight embarassment, and wounded dignity are not enough.

Front 11

IIED-3rd party recovery

Back 11

P must be present
P was a close relative to the injured person
D KNEW OR SHOULD HAVE KNOWN of the presence of P AND
actual damages are req'd
* if P is family member, bodily harm NOT req'd, if P non-family member, bodily harm req'd.

Front 12

negligent infliction of emotional distress

Back 12

D creates a FORESEEABLE risk of physical injury to P either by:
1. causing a threat of physical impact that leads to emotional distress OR
2. directly causing severe emotional distress that causes physical symptoms to P.

Front 13

Shopkeeper's privilege

Back 13

no action for false imprisonment will lie against a shopkeeper who detains a suspected shoplifter if:
1. there are reasonable grounds to believe that a theft has occurred
2. the detention is conducted in a reasonable manner AND
3. the detention is limited to a reasonable period of time

Front 14

NIED 3rd pty recovery

Back 14

where the mental disturbance and its consequences are not caused by any fear for the P's own safety, but by distress at witnessing some peril or harm to another person, recover is generally denied.

Front 15

NIED Zone of danger exception

Back 15

if the 3rd pty is personall w/n the zone of danger and is threatened w/injury by the D's negligence, the P may recover for the bodily harm that results

Front 16

Trespass to Land

Back 16

a.Intentionally
1.Enters land
2.Causes a thing or third person to enter land
3.Remains on the land OR
4.Fails to remove a thing which he is under a duty to remove from the land
b.In the possession of another
c.Without authorization

Front 17

Intentional entries

Back 17

D is liable for intentional entries onto the land of another
damage to the land is not req'd
mistake is no defense
a trespass may be committes on, beneath, or above the surface of the earth

Front 18

unintentional entries

Back 18

a person is not liavle for trespass for negligent or reckless entries UNLESS he causes damage to the land

Front 19

accidental entries

Back 19

there is no liability for trespass for accidentla entries that are unintentional and non-negligent

Front 20

Trespass to chattel

Back 20

a.Intent
b.Intermeddle
c.w/chattel of another
d.which results in either
1.impairment, harm or
2.no use or
3.harm to possessor or 3rd parties
Damages
actual amount caused by tortious conduct OR loss of use

Front 21

Trespass to chattel v. Conversion

Back 21

the difference btwn trespass to chattel and conversion is one of degree. The seriousness of the interference determines which tort applies.

Front 22

Conversion

Back 22

intentional exercise of
dominion or control
over a chattel
that seriously interferes
w/the right of another to control it.
Damages
measured by FMV of the chattel at the time of conversion

Front 23

Factors used to determine seriousness of interference

Back 23

1. the extent and duration of the D's exercise of dominion or control;
2. the D's intent to assert a right in fact inconsisten w/the other's right of control
3. the D's good faith
4. the extent and duration of the resulting interference w/the P's right of control
5. the harm done to the chattel
the inconvenience and expense caused to P.

Front 24

conversion v. trespass to chattel what D is liable for

Back 24

Trespass to chattels: D is liable for diminished value of the chattel
Conversion: D is liable for the full value of the chattel at the time of conversion.

Front 25

Defenses to intentional torts

Back 25

consent
privilege
self-defense
defense of others
defense of property
recapture of chattels
forcible entry on land
necessity
legal process
arrest w/o a warrant
discipline
immunity

Front 26

consent

Back 26

Consent is the willingness in fact for conduct to occur. It may be manifested by action or inaction and need not be communicated to the actor. (2) If words or conduct are reasonably understood by another to be intended as consent, they constitute apparent consent and are effective as consent in fact.

Front 27

Privilege

Back 27

when the D has a privilege and acts w/n its scope, he will not be liable for conduct that would ordinarily subject him to liability.
the D has the burden to prove the existence of the privilege

Front 28

Self-defense

Back 28

A defendant is privileged to use reasonable force to defend himself if a reasonable person in the defendant’s situation would have believed that the use of physical force was immediately necessary to protect himself against another’s unlawful conduct
No privilege to use force in excess of that which defendant is privileged to use to defend himself

Front 29

defense of others

Back 29

A person is privileged to use reasonable force to defend another against unlawful conduct when that person would be privileged to defend himself

Front 30

Defense of property

Back 30

An actor is privileged to use REASONABLE FORCE, not intended or likely to cause death or serious bodily harm, to prevent or terminate another's intrusion upon the actor's land or chattels, if
1. the intrusion is not privileged or the other person intentionally or negligently causes the actor to believe that is is not privileged AND
2. the actor reasonably believes that the intrusion can be prevented or terminated only be the force used.

Front 31

Recapture of Chattel

Back 31

An actor may use reasonable force against another to regains personal property where the other person
1. tortiously took the chattel from the actor's possession w/o claim of right OR
2. took the chattel under claim of right but by force or other duress or fruad, OR
has received custody of the chattel from the actor and refuses to surrender it or is about to remove it from the actor's premises

Front 32

forcible entry on land

Back 32

an owner or possessor of land may forcibly enter onto that land where another has wrongfully entered onto or remained on the land

Front 33

Public Necessity

Back 33

an actor may enter onto the land to avert an imminent public disaster.
Public necessity is an absolute defense. The actor is not liable for either trespass or the damage to the property or chattel.

Front 34

Private necessity

Back 34

in the case of private necessity, the actor will be liable in damages for any harm he causes to the property.
1. the actor's privilege of necessity will supersede a landowner's privilege to defend his property by use of reasonable force.
2. private necessity is a qualified privilege; the D is NOT LIABLE FOR TRESPASS BUT IS LIABLE FOR THE DAMAGE TO THE PROPERTY OR CHATTEL

Front 35

legal process

Back 35

an arrest under a warant is not privileged unless the person arrested
1. is, or the actor reasonably believes to be, sufficiently named or otherwise descrived in the warrant OR
2. although no the person named in the warrant, has knowingly caused the actor to believe him to be so.

Front 36

arrest w/o a warrant

Back 36

a peace officer, if acting w/n the limites of his appointment, is privileged ot arrest another w/o a warrant.

Front 37

discipline

Back 37

a parent is privileged to apply such reasonable force or to impose such reasonable confinement upon his child as he reasonably believes to be necessary for the child's proper control, training, or education.

Front 38

immunity

Back 38

based on public policy considerations, the defense of immunity is available in certain situations, even though the D's conduct has been tortious.