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22 Cards in this Set
- Front
- Back
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Intentional Tort - Elements |
1) act = volitional (willful) movement by the defendant, i.e. reflexive movements not included (seizure or spasm) 2) intent: can be specific (intends to bring about specific consequence) or general (knows with substantial certainty that the consequences would happen) or transferred (defendant intends to commit a tort again one person but instead i) commits a different tort against that person or ii) commits the intended tort against a different person) or iii) commits a different tort against a different person 3) Causation: the result was actually caused by the defendant’s act or sth set in motion by him |
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Battery |
Intentional tort Harmful or offensive contact to the plaintiff’s person + intent + causation Contact is harmful if it causes actual pain or injury Contact is offensive if a reasonable person would consider it offensive Plaintiff’s person refers to P’s body or anything connected go the P Ex: A hits B in the arm = battery A grabs the briefcase in B’s hand = battery |
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Assault |
Act by the D creating a reasonable apprehension in the P of immediate harmful or offensive contact + intent + causation Words alone are not enough for assault: they need to be coupled with conduct or action |
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False Imprisonment |
Act or omission by the D that confines or restrains the P to a bounded area + intent + causation Irrelevant how long the confinement lasts but the P must be aware of the confinement or be harmed by it Shopkeeper’s privilege if shopkeeper conducts detention in a reasonable manner + detains suspect only for a reasonable time |
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Intentional Infliction of Emotional Distress |
Act by the D amounting to extreme and outrageous conduct + intent or recklessness (conscious disregard of the high probability that emotional distress will result) + causation + damages (requires proof of actual damages). Extreme and outrageous conduct is conduct that exceeds the bounds of all decency Doctrine of transferred intent may not be invoked for this tort A plaintiff cannot recover nominal damages for this tort |
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Trespass to Land |
Requires physical invasion of the P’s real property + intent + causation Invasion can be by a person or object Real property includes a reasonable distance above and below the surface of the property D does not need to intend to trespass, just the intent to enter that particular piece of property suffices |
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Trespass to Land |
Requires physical invasion of the P’s real property + intent + causation Invasion can be by a person or object Real property includes a reasonable distance above and below the surface of the property D does not need to intend to trespass, just the intent to enter that particular piece of property suffices |
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Trespass to Chattels |
Act by the D that interferes with the P’s right in a chattel (personal property) + intent + causation Interference can be either intermeddling (damaging the personal property) or dispossession (depriving the owner of possession of the personal property) |
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Trespass to Land |
Requires physical invasion of the P’s real property + intent + causation Invasion can be by a person or object Real property includes a reasonable distance above and below the surface of the property D does not need to intend to trespass, just the intent to enter that particular piece of property suffices |
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Trespass to Chattels |
Act by the D that interferes with the P’s right in a chattel (personal property) + intent + causation Interference can be either intermeddling (damaging the personal property) or dispossession (depriving the owner of possession of the personal property) |
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Conversion |
Interference with the P’s right in the chattel so serious that it warrants requiring the D to pay the chattel’s full value Step up from trespass to chattels Damages: fair market value of the chattel at the time and place of the conversion |
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Defenses to Intentional Torts |
Consent — can be express or implied Necessity — reasonably necessary go avoid threatened injury as long as that injury is more serious than the bigger threat. However will have to pay for damage caused Use of force in - self defense (deadly force may be used if it reasonably appears necessary to prevent serious bodily injury) - defense of others (defender may be able to use deadly force) - defense of property Last defense relies on assessment of reasonableness |
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Strict Liability |
Not based on fault Must prove that - the D’s activity imposes an absolute duty to make safe, - the dangerous aspect of the activity was the actual and proximate cause of the P’s injury, and - the P suffered damage to their person or property SL can take different forms, for ex, an owner of a wild animal is SL to licensees and invitees for injuries caused by the animal if it is kept as a pet. But owner is not SL for injuries caused by a domesticated animal unless she knows of that animal’s dangerous propensities that are not common to the species. Can also be SL for abnormally dangerous activities, i.e. activities that create a foreseeable risk if serious harm even if reasonable care is exercised and the activity is not a matter of common usage in the community: it’s dangerous + ppl don’t commonly do it, like using dynamite |
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Vicarious Liability |
Liability based on the acts of another; one party commits a tortious act against a third party and another person will be liable to the third party (A acts negligently and harms B but C is liable) Normally occurs when party committing tortious act and party held liable have a special relationships, normally supervisory in nature Employer-employee relationship —> respondeat superior (if tortious act occurs within the scope of the employment relationship) Tavernkeepers (bar owners) can be liable for torts committed by intoxicated guests if the state has a Dramshop Act Note: Parent-child relationship: a parent is not vicarious liable for tortious conduct of child under common law but most states will make parent liable for the intentional torts of minor children by statute |
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Joint & Several Liability |
When multiple Ds in a cade acted negligently and their acts combined to actually and proximately cause and indivisible injury => each D is jointly and severally liable i.e. each D is liable to the P for the entire judgment If the injury is divisible => each D is only liable for the identifiable portion If the Ds acted in concert: each D is jointly & severally liable regardless of whether injury is divisible |
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Joint & Several Liability |
When multiple Ds in a cade acted negligently and their acts combined to actually and proximately cause and indivisible injury => each D is jointly and severally liable i.e. each D is liable to the P for the entire judgment If the injury is divisible => each D is only liable for the identifiable portion If the Ds acted in concert: each D is jointly & severally liable regardless of whether injury is divisible |
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Contribution |
(One way Ds work damages amongst themselves to pay P) Allows a D who pays more than his fair share of damages under joint & several liability to have a claim against the other liable parties for the excess For this to apply, all Ds have to have a measurable degree of culpability |
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Joint & Several Liability |
When multiple Ds in a cade acted negligently and their acts combined to actually and proximately cause and indivisible injury => each D is jointly and severally liable i.e. each D is liable to the P for the entire judgment If the injury is divisible => each D is only liable for the identifiable portion If the Ds acted in concert: each D is jointly & severally liable regardless of whether injury is divisible |
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Contribution |
(One way Ds work damages amongst themselves to pay P) Allows a D who pays more than his fair share of damages under joint & several liability to have a claim against the other liable parties for the excess For this to apply, all Ds have to have a measurable degree of culpability |
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Indemnity |
(One way Ds work damages amongst themselves to pay P) Involves shifting the entire loss b/n and among Ds Applies when the nonpaying D is much more responsible than the D who had to pay the P, or when the paying D was only vicariously liable b/c of his relationship with the nonpaying D |
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Transferred Intent |
May only be invoked for Assault Battery False imprisonment Trespass to land Trespass to chattels |
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Transferred Intent |
May only be invoked for Assault Battery False imprisonment Trespass to land Trespass to chattels |
