Torts-Intentional

Front 1

Prima facie case

Back 1

Act by D
Intent
Causation

Front 2

Prima facie case-act

Back 2

Volitional movement by D

Front 3

Prima facie case-Intent

Back 3

Specific intent-acting to bring about specific consequences

General intent-knowing with substantial certainty that these consequences will result

Hint 3

Every is capable of intent. Incapacity is not a good defense.

Front 4

Transferred intent

Back 4

Intends to commit a tort against one person but instead
commiting a different tort against the same person
commiting the same tort against a different person
commiting a different tort against a different person
s but actually commits a different torts against the same person
Intends against one person but actually against another person for the same torts
Intends against one person but acutally against another for a different torts.

Front 5

Transferred intent-limitation

Back 5

Limited to the following torts
Assualt
Battery
False imprisonment
Trespass to land
Trespass to chattels

Front 6

Prima facie case-causation

Back 6

The result must have been legally caused by D's act or something set in motion by D.
Causation is satisfied if D's conduct was a substantial factor in bringing about the injury.

Front 7

Battery

Back 7

Battery is the intentional infliction of a harmful or offensive contact with the person of another

Hint 7

It is not necessary that D desires to physically harm P.

Front 8

Assault

Back 8

Assault is the intentional causing of an apprehension of an IMMEDIATE harmful or offensive contact

Hint 8

No desire to harm is irrelevant

Front 9

Battery-Harmful or offensive contact

Back 9

Offensive contact:
damaging to a reasonable sense of diginity
Judged by a reasonable person standard

Hint 9

Indirect contact
e.g., setting a trap for P to fall into

It is not necessary that P has actual awareness of the contact at the time it occurs.

Front 10

Battery-the person of P

Back 10

including anything connected to P

Front 11

Assault-Reasonable apprehension

Back 11

Words alone are not sufficient by themselves to give rise to an assault. There must be some overt act.
Words can negate reasonable apprehension.

Hint 11

P must be aware of the threatened contact.

Front 12

False imprisonment

Back 12

Intentional act or omission of D confines or restrains P to a bounded area.

Hint 12

The tort of false imprisonment cannot be committed merely by negligent or reckless acts.

Front 13

False imprisonment-confinement

Back 13

Physical barriers
Physical force
Threats of force
Failure to release
Invalid use of legal authority

Front 14

False imprisonment-A bounded area

Back 14

There must be no reasonable means of escape known to P.

Front 15

False imprisonment-Awareness

Back 15

P must know of the confinement or be harmed by it.

Front 16

Intentional infliction of emotional distress

Back 16

The intentional or reckless infliction, by extreme and outrageous conduct, of severe emotional or mental distress, even in the absence of physical harm.

Front 17

IIMD-extreme and outrageous conduct

Back 17

The conduct has to be beyond all bounds of decency.

Front 18

IIMD-extreme and outrageous conduct

Back 18

Conduct that is not normally outrageous may become so if:
1. It is continuous in nature
2. It is directed toward a certain type of P (children, elderly, pregnant women, supersensitive adults if the sensitivities are known to D)
3. It is committed by a certain type of D (common carriers or innkeepers may be liable even for mere gross insults)

Front 19

IIMD-Damages

Back 19

Actual damages (severe emotional distress), not nominal damages, are required.

Front 20

IIMD-bystander

Back 20

P as a bystander may recover by showing that (i) P was present when the injury occured, (ii) P is a close relative of the injured person, and (iii) D knew facts of (i) and (ii)

Front 21

Tresspass to land

Back 21

Trespass to land is intentional interference with a person's interest in property.

Front 22

Trespass to land-Physical invasion

Back 22

By a person or object.
If intangible matter enters, P may have a case of nuisance.

Front 23

Tresspass to land-Intent

Back 23

D need intend only to enter on that particular piece of land, D need not know that the land belonged to another

Front 24

Trespass to chattels

Back 24

Trespass to chattels is an intentional interference with a person's use or possesiosn of a chattel.

Hint 24

D only has to pay damages, not the full value of the property.

Front 25

Trespass to chattels-interference

Back 25

Intermeddleing (directly damaging teh chattel)
Dispossession (depriving P of his lawful right of possession)

Front 26

Trespass to chattels-damges

Back 26

Actual damages-not necessarily to the chattel, but at least to a possessory right-are required

Front 27

Conversion

Back 27

Serious intereference with

Front 28

Joint and several liability

Back 28

Concerted action would creat such liabiity.

Front 29

Battery-Intent

Back 29

D has the necessary intent for battery if D intended to cause a harmful or offensive bodily contact; or D intended to cause an imminent apprehension on P's part of a harmful or offensive bodily contact (assault)

Hint 29

The intent to commit an assault suffies as the intent for battery.

Front 30

Examples of converstion

Back 30

1. Bona fide purchaser of stolen goods
2. Transfer to a third person (A delivery boy mistakenly delivered a package to X. The boy is a converter)

Front 31

Conversion-Remedies

Back 31

1. Damages-FMV at the time of conversion (Forced sale)
2. Replevin-To recover the chattel.

Front 32

Trespass to chattels-Remedies

Back 32

1. Recovery of actual damages from harm to chattel
2. Loss of use (If dispossession, damges based on rental value)

Front 33

Defenses

Back 33

Consent
Self-defense, defense of others, and defense of property
Privilege
Necessity

Front 34

Defenses-consent

Back 34

Validity of the consent
Scope of the consent