Torts -- Intentional Torts**

Front 1

Intentional Torts -- Intent

Back 1

Required (but bar examiners don't test this so much)
Defendant intends a tort when he acts with purpose of producing legally forbidden outcome.

Front 2

Intentional Torts -- Transferred Intent

Back 2

If actor acts intending one tort, but another one occurs. Intent met as long as purpose to commit any forbidden consequence.

Front 3

Intentional Torts
(7)

Back 3

1) Battery
2) Assault
3) False Imprisonment
4) IIED
5) Trespass to Land
6) Trespass to Chattels
7) Conversion

Front 4

Intentional Torts -- Battery
(2)

Back 4

1) Harmful or offensive contact
2) Contact w/ Plaintiff's person

Front 5

Intentional Torts -- Battery -- Harmful or Offensive Contact

Back 5

Harmful -- common sense

Offensive -- If it would not be permitted by a person of ordinary sensitivity

Front 6

Intentional Torts -- Battery -- Plaintiff's person

Back 6

Anything connected with the Plaintiff (at the time of the tort)

Front 7

Intentional Torts -- Assault
(2)

Back 7

1) Def puts Pltf in r/s apprehension
2) Of an immediate battery

Front 8

Intentional Torts -- Assault -- Apprehension

Back 8

Apprehension for torts = KNOWLEDGE (not fear)

Depends on Plaintiff's knowledge. If knowledge uncertain, consider r/s. Apparent ability creates apprehension.

Front 9

Intentional Torts -- Assault --

Immediate

Back 9

Words alone lack immediacy. Must be accompanied by a menacing gesture. Qw
Words can negate apprehension created by menacing gestures. Qw
Words that promise future performance can negate apprehension.

Front 10

Intentional Torts -- False Imprisonment
(2)

Back 10

1) Plaintiff's act of restraint
2) by Defendant's confinement to a bounded area

Front 11

Intentional Torts -- False Imprisonment -- Restraint
(3)

Back 11

1) must be r/s
2) can be ommission
3) Plaintiff must know about it or it must have actually harmed them

Front 12

Intentional Torts -- False Imprisonment -- Bounded Area

Back 12

No r/s means of escape that Pltf can r/s discover

Not dangerous, digusting, hidden

Front 13

Intentional Torts -- IIED
(2)

Back 13

***Reckless conduct by Def adequate to establish state of mind required, ACTUAL intent not necessary***

1) Defendant engages in outrageous conduct
2) Defendant must suffer severe ED

Front 14

Intentional Torts -- IIED -- Outrageous Conduct
(4 examples)

Back 14

Exceeds all bounds of decency tolerated in a civilized society

Examples:
Mere insults not outrageous
Abuse of a power relationship
Plaintiff member of a fragile group of persons (children, elderly people, pregnant women)

Exploitation of known senstivity

Front 15

Intentional Torts -- Severe ED

Back 15

No particular requirement, any self-reported example = SD


***Examiners negate ED somewhere in fact pattern - keep an eye out for this(mildly annoyed, slightly irritated, briefly put out, etc)***

Front 16

Intentional Torts -- Trespass to Land
(2)

Back 16

1) Defendant must commit act of physical invasion w/ intent
2) Land necessary

Front 17

Intentional Torts -- Trespass -- Act of physical invasion
(2)

Back 17

1) Defendant can go on Defendant's property
2)Can throw tangible object onto property (even if innocuous/benign)
)Item must physical (not light, noise)

Front 18

Intentional Torts -- Land

Back 18

Includes air above and soil below out to a r/s distance

Front 19

Intentional Torts -- Tresspass to Chattels/Conversion

Back 19

Interference with tangible personal property

Small Degree of Interference - Trespass (can lead to recovery of cost of repair)

Large Harm -- Conversion (can lead to recovery of FMV)

Front 20

Intentional Torts -- Interference
(2)

Back 20

1) Damage
2) Take away

Front 21

Intentional Torts -- Defenses
(5)

Back 21

1) Consent
2) Self-Defense, Defense of Others, Defense of Property
3) Privilege of Arrest
4) Necessity
5) Discipline

Front 22

Intentional Torts -- Defenses -- Consent
(4)

Back 22

1) Requires legal capacity

2) Children can consent to age appropriate invasions

3) Can be express/implied

4) Must not exceed scope of consent

Front 23

Intentional Torts -- Defenses -- Exception to Express Consent

Back 23

If obtained through fraud or duress, negates express consent

Front 24

Intentional Torts -- Defenses -- Implied Consent

Back 24

1) Through custom or usage
Ex -- business during open business hours, bodily contacts in sports

2) Based on Defendant's r/s interpretation of Plaintiff's objective conduct (Body Language Consent)

Front 25

Intentional Torts -- Defenses
Self-Defense, Defense of Others, Defense of Property

Back 25

1) Requires proper timing -- must be while threat in progress or imminent; can't be revenge
2)Did Def have r/s belief threat was genuine (but not r/s mistake)
3)Only if force r/s necessary to respond to threat (BUT DEADLY FORCE NEVER in defense of property)

Front 26

Intentional Torts -- Necessity
(2)

Back 26

(TORTS ONLY)
1) Public Necessity -- when Def intereferes w/invades Pltf's property when an emergency in order to protect public as a whole or a significant group of people
ABSOLUTE DEFENSE

2) Private Necessity -- when Def interferes w/invades Pltf's property to protect his/her own interest
QUALIFIED DEFENSE

Front 27

Intentional Torts -- Necessity
Private Necessity Consequences
(3)

Back 27

1) Def remains liable for any actual harm
2) Def not liable for nominal or punitive damages
3) As long as emergency continues, private necessity actor has a right to remain on Pltf's land in a position of safety

Front 28

Intentional Torts -- Defenses -- Privilege of Arrest
(___)

Back 28

Actor may have privilege to make an arrest of a third person

1) Can invade land to effect arrest
2) Def still liable for subsequent acts (ex. failure to present to magistrate, undue detention
3) MISDEMEANORS -- only if for breach of peace and action takes place in front of defendant; FELONIES -- only police have leeway to make mistakes re commission of felony; private citiziens can only make a mistake as to identity of felon, but felony need be committeed

Front 29

Intentional Torts -- Defenses -- Discipline

Back 29

PARENT or TEACHER may use r/s force in disciplining children

Front 30

Intentional Torts -- Defenses -- Incapacity

Back 30

None