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22 Cards in this Set
- Front
- Back
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What are the seven intentional torts?
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1. Assault
2. Battery 3. False Imprisonment 4. Intentional Infliction of Emotional Distress 5. Bystander Claims for Emotional Distress 6. Trespass to Land 7. Trespass to Chattel and Conversion |
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What are the three elements needed to establish a prima facie case for an intentional tort?
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1. Act by D: Requires some volitional movement
2. Intent: Specific or general 3. Causation: substantial factor (D’s conduct must be a substantial factor in bringing about the resulting harm) |
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What does the transferred intent doctrine apply to? (4)
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1. False imprisonment
2. Assault 3. Battery 4. Trespass to land or chattel |
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What are the four elements of assault?
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1. Act by D that creates a reasonable apprehension in P
2. Of immediate harmful or offensive contact to P's person 3. Intent 4. Causation |
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__(2)__ is sufficient, as long as it could reasonably create P’s apprehension.
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Apparent ability
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Four elements of Battery
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1. Harmful or offensive contact by D
2. To P's person 3. Intent 4. Causation |
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Four elements of False Imprisonment
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1. Act (or omission) resulting in P's restraint or confinement
2. P is confined to a bounded area 3. Intent 4. Causation |
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Does the restraint or confinement have to be physical?
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No.
(i.e., threats of force, failure to release, invalid use of legal authority.) |
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What is the shopkeeper's privilege?
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A store may detain a suspected shoplifter on store property for a rsb period of time.
The store must have rsb cause to believe the detainee stole or attempted to steal store property |
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Four elements of IIED
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1. Extreme and outrageous conduct by D
2. Severe emotional distress in P 3. Intent or recklessness 4. Causation |
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Non-outrageous conduct may be deemed extreme and outrageous if: (4)
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1. D targets P's known sensitivity or weakness
2. D's conduct is continuous or repetitive 3. D targets a P who is a member of a "fragile" class (e.g., elderly, children, pregnant women) 4. D is a common carrier or innkeeper |
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Five elements of bystander claims for emotional distress
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1. D's conduct caused a serious injury or death to a third person
2. P is a close relative or has a very close relationship with the injured person 3. P was present when the injury occurred 4. P observed and perceived the injury 5. P suffers severe emotional distress as a result |
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Three elements of Trespass to Land
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1. Physical invasion of P's real property by D
2. Intent 3. Causation |
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Four elements for Trespass to Chattel and Conversion
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1. D interferes with P's right of possession in tangible personal property (chattel)
2. Intent 3. Causation 4. Damages |
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What can P recover for Trespass?
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P can recover the cost of repair or rental value of chattel
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What can P recover for Conversion?
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P can recover the FMV at the time of conversion or repossess the chattel.
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What is a defense to all intentional torts?
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Consent. D must demonstrate that P consented to D's otherwise tortious conduct.
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What are the three requirements for all protective privilege defenses?
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1. Reasonable belief
2. Proper timing 3. Reasonable force |
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Defense of others: Can D use greater force than the intended target could have reasonably used?
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No.
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What are the two requirements of necessity?
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1. D's interference with P's property must be reasonably necessary to avoid immediate threatened injury.
2. Threatened injury must be more serious than the interference undertaken to advert it. |
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Public necessity is an absolute defense. What is it and may P recover any damages?
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D's invasion of P's property must be reasonably necessary to protect the community or a large group of people. P cannot recover any damages.
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Private necessity is a limited defense. What is it and may P recover any damages?
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D invades P's property to protect himself or his property. P can recover actual damages, but not punitive or nominal damages.
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