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35 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Intent
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state of mind about the consequences of an act; having in mind a purpose or desire to bring about those consequences, or absent such purpose or desire, a knowledge with substantial certainty to bring about those consequences as a result
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May children be held liable for intentional torts?
What about the mentally insane? |
Yes
Yes, insanity may prevent some forms of intent. |
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Does a mistake negate intent?
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No
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Transferred Intent
(Battery, Assault, False Imprisonment, Trespass to Land/Chattels) |
When the tort intended and resulting harm involve direct and immediate application of force to person or property not intended to be harmed
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Battery
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Act intending to cause harmful or offensive contact and such contact results with another person
(can include either/both physical and dignity injury) |
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What is the meaning of "offensive" in the torts of battery and assault?
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Offensive to an ordinary person not unduly sensitive to personal dignity
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What is the "crowded world" aspect of battery?
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ordinary contacts are customary and reasonably necessary to common events in life and are NOT battery
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Is A liable for Battery to B if A grabs a plate that B is holding in B's hand?
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Yes - Battery includes unpermitted and intentional contact with anything connected with the body (as offensive contact)
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Assault
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Act intending to cause apprehension of imminent harmful or offensive contact; such apprehension results
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Do threats for future action constitute assault?
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No - the apprehension must be of imminent contact
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What are the damages for Battery?
What are the damages for Assault? |
It is unnecessary to prove actual damages.
Nominal damages are awarded, and punitive damages awarded if defendant acted with malice. |
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False Imprisonment
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act intending to confine or restrain another within boundaries set by the actor, without a reasonable means of escape
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What constitutes "confinement" for false imprisonment?
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apparent or actual physical barriers; overpowering physical force or submission to physical force; threats
the individual must know of the confinement |
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Intentional Infliction of Emotional Distress (IIED)
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By extreme or outrageous conduct intentionally or recklessly causes severe emotional distress to another; such severe emotional distress results
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What is "outrageous conduct"?
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conduct that transcends all boundaries of decency tolerated by society
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Does offensive or insulting language count as "offensive conduct"?
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In some circumstances. For instance, if there is a special relationship between the plaintiff and defendant, or the defendant is aware of a special sensitivity of the plaintiff
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May the actor be liable to 3rd parties in an action for IIED?
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Yes:
- if the defendant knows the person is present and a relative - if the person is a close relative - the person is present when the injury occurs |
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What are the damages for IIED?
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Actual damages required by showing severe emotional distress
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Trespass to Land
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intentional act of physical invasion of plaintiff's real property
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Does the defendant need to enter the land for Trespass to Property?
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No - it may exist if a defendant throws something onto the land, or by the continued presence of something on the property (which was originally placed with possessor's consent)
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Trespass to Chattels
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intentional act that interferes with another's right of possession in chattel
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Distinguish Trespass to Chattels and Conversion
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Trespass to Chattels - interference not serious in nature or consequence to warrant relief of full market value
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Conversion
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intentional exercise of dominion or control over chattel which so seriously interferes with right of another to control it that the actor may justly be required to pay other the full value of the chattel
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What are examples of acts of conversion?
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acquiring possession
damaging or altering using receiving or misdelivering |
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Who can bring an action of conversion?
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anyone in possession of the chattel at the time of the conversion (this includes bailees, finders, other converters)
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What are defenses to intentional torts?
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Consent, Self-Defense, Defense of Others, Defense of Property, Recovery of Property, Discipline, Necessity, Arrest
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Self-Defense
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Use of force reasonably necessary for protection against potential injury where person has reasonable belief that being/about to be attacked
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May a person use a deadly weapon in self-defense?
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Yes, if there is reasonable apprehension of loss of life or great bodily injury
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What amount of force may be used in self-defense?
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force that reasonably appears to be necessary to prevent the harm
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Defense of Others
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actor need have reasonable belief that person being aided would have self-defense
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Defense of Property
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use of reasonable force to prevent the commission of a tort against property
(if tort committed, actor must be in "hot pursuit" to maintain the defense) |
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What kind of force may be used in Defense of Property?
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Reasonable force, but not force that will cause death or serious bodily harm (unless invasion may seriously injure the owner)
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Necessity
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where interference with real or personal property is reasonably and apparently necessary to avoid threatened injury from natural or other force and injury is substantially more serious than invasion to avert it
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"Interference" "necessary to avoid" "injury"
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Consent
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one who manifests a willingness that the defendant engage in conduct and the defendant acts in response to such manifestations
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What is being "manifested"?
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Privilege
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considerations which avoid liability where it might otherwise follow. it signifies that the defendant has acted to further an interest of such social importance that it is entitled to protection, even at the expense of damage to the plaintiff
the ability to do something in ordinary circumstances that would otherwise be improper |
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