Torts: Intentional Torts

Front 1

Prima Facie Case for Intentional Torts

Back 1

1) An act by Defendant 2) Intent 3) Causation

Front 2

Intent

Back 2

Intent may be either specific or general (knws with substantial certainty that these consequences will result

Front 3

Transferred intent

Back 3

If a defendant intends to commit a tort against one person but instead commits a different tort against that person or any other person, intent is transfered to the tort committed

Front 4

Transferred Intent Torts

Back 4

Assault, batter, False Imprisonment, Trespass to Land, Trespass to Chattels

Front 5

Causation for Intentional Torts

Back 5

Causation is satisfied when Defendant's conduct was a substantial factor in bringing about the injury

Front 6

Battery

Back 6

Battery is committed when a defendant 1) intends to commit a 1) harmful and offensive contact 2) to a Plaintiff's person and 4) that contact causes harm

Front 7

Battery: harmful and offensive contact

Back 7

Judged by a reasonable person standard. Harmful refers to a contact that impairs the body. Offensive contact violates a reasonable sense of personal dignity. (ex. Sexual harrassment, unwanted offensive contact) Look for social awareness

Front 8

Battery: Plaintiff's person

Back 8

Plaintiff's person includes anything that Plaintiff is holding or touching (purse, dog on a leash) The object must be connected to the person. The contact does not have to be instantaneous (poisoning a sandwich)

Front 9

Battery: Damages

Back 9

Damages are not required, nominal damages will be awarded. Plaintitff may get Punitives for malicious conduct

Front 10

Assault

Back 10

An assault is an act 1) intended to create 2) a reasonable apprehension of immediate harmful or offensive contact 3) to Plaintiff's person 4) that causes harm

Front 11

Assault: Reasonable apprehension

Back 11

Apprehension means knowledge, not fear. Apparent ability to commit battery is sufficient (ex. Unloaded gun if you aren't sure if it's loaded). Words alone are not sufficient. Words must be coupled with conduct

Front 12

Assault: Immediacy

Back 12

Plaintiff must be apprehensive of an immediate battery. Display of a weapon is immediate. A menacing gesture accompanied by words of condition can negate immediacy.

Front 13

Assault: Damages

Back 13

Damages are not required, nominal damages will be awarded. Plaintitff may get Punitives for malicious conduct

Front 14

False Imprisonment

Back 14

False imprisonment is an act or omission 1)intended to 2) confine or restrain Plaintiff 3) to a bounded area 4) that causes harm

Front 15

False Imprisonment: Confinement or restraint

Back 15

Nomal restrain is physical restraint (Ex. Holding your arm). Credible threats are sufficient (Ex. Show a gun and say "if you leave I will shoot you). Threats of coercion are sufficient (Holding your purse and saying not to leave), Moral pressure and future threats are not sufficient. Time is irrelevant and Plantiff know of the confinement or be harmed by it

Front 16

False Imprisonment: Bounded area

Back 16

Freedom of movement must be must be limited in all directions. There must be no reasonable means of escape known to Plaintiff

Front 17

False Imprisonment: Damages

Back 17

Damages are not required, nominal damages will be awarded. Plaintitff may get Punitives for malicious conduct

Front 18

Intentional Infliction of Emotional Distress (IIED)

Back 18

Intentional infliction of Emotional Distress occurs when a person's 1)intentional or reckless conduct 2) is extreme and outrageous and 3) causes 4)severe emotional distress

Front 19

IIED: Extreme or Outrageous Conduct

Back 19

Conduct that transcends all bounds of decency. Insults alone are not outrageous. The exercise of 1st Amendment right, engaging in protected speech on a matter of public debate is not outrageous.

Front 20

IIED: When conduct might become outrageous

Back 20

Conduct that is not normally outrageous may become so when it is continuous in nature (vulgar or sexual comments); it is directed toward a certain type of person (children, ederly, pregnant women or sensitive plaintiffs when sensitivities were known to D). COmmon Carriers (even gross insults)

Front 21

IIED: Damages

Back 21

Actual damages are required. Nominal damages will not be awarded. Does not require proof of physical injury, economic harm, medications or mental issues)

Front 22

IIED: Causation in Bystander cases

Back 22

When D intentionally causes harm to a third person and P suffers severe Emotional Distress, P may recover by showing either prima facie case elements or 1) presence when the injury occured 2) she is a close relative of the injured person 3) the dendant knew of 1 and 2

Front 23

Trespass to Land

Back 23

A trespass to Land occurs when a person commits an intentional physical invasion of P's real property and causes harm.

Front 24

Trespass to Land: Physical Invasion

Back 24

Physical invasion may be by a person or object (throwing a baseball onto land or even airspace/underground will suffice for reasonable distance). Intangibles will not suffice (maybe nuisance).

Front 25

Trespass to Land: Intent

Back 25

Defendant need only to intend to enter onto the land, knowledge of another's possession is not required.

Front 26

Trespass to Land: Potential Plaintiff

Back 26

Anyone in actual or constructive possession of the land. Need not be the owner and an owner not in possession will not have a claim.

Front 27

Trespass to Land: Damages

Back 27

Damages are not required, nominal damages will be awarded. Plaintitff may get Punitives for malicious conduct

Front 28

Trespass to Chattel

Back 28

A trespass to Chattel occurs when someone 1) intentionally 2) interferes with plaintiff's right of possession in chattel and 3) Causes harm and 4) damages

Front 29

Trespass to Chattel: Interference

Back 29

The interference may be damaging chattel or depriving a person of possession of chattel.

Front 30

Trespass to Chattel: Damages

Back 30

Actual damages to the possessory right are required.

Front 31

Conversion

Back 31

Conversion occurs when a person 1)intentionally 2)interferes with plaintiff's right of possession in a chattel that 3) causes harm and 4)that interference is so serious that it warrants requiring defendant to pay the chattels full value

Front 32

Acts of conversion

Back 32

Theft, wrongful transfer, wrongful detention and substantially changing, damaging or misusing chattel.

Front 33

Seriousness of the interference

Back 33

The longer the withholding period and the more extensive the use, the more likely it is to be conversion.

Front 34

Subject matter of conversion

Back 34

Only tangible personal property and intangibles that have been reduced to physical form are subject to conversion.

Front 35

Conversion: Potential Plaintiffs

Back 35

Anyone wih possession or the immediate right to possession of the chattel may maintain an action

Front 36

Conversion: Damages

Back 36

Plaintiff may recover the fair market value of the chattel at the time of conversion or possession (replevin)

Front 37

Defenses to Intentional Torts

Back 37

Consent, Self Defense, Defense of others, defense of property, public necessity, private necessity, recapture of chattels, reentry on land (no self help anymore), discipline

Front 38

Intentional Torts Defenses: Consent

Back 38

A defense to all 7 Its. Ask was there a valid consent? Did the defendant stay within the boundaires of consent? Did P have the capacity to consent? Children can consent to age appropriate behavior. Developmentally disabled? Drunk?

Front 39

Consent - Valid Consent: Express Consent

Back 39

Defendant is not liable if P consented to D's conduct. However, express consent will be undone when P made a mistake and D knew of and took advantage of the mistake or consent was induced by fraud, and that fraud goes to an essential matter. Duress will also invalidate unless they are only threats of future action or future economic deprivation

Front 40

Consent - Implied Consent

Back 40

Implied consent is that which a reasonable person would infer from custom and usage or plaintiff's conduct.

Front 41

Intentional Torts: Self Defense

Back 41

When a person reasonably believes that she is being or is about to be attacked, she may use such force as is reasonably necessary to protect against injury.

Front 42

When is self defense available?

Back 42

May only use the force reasonably necessary to prevent the harm. Self defense is not generally available to the aggressor. One need not attempt to escape, but modern trend imposes a duty to retreat before using deadly force if this can be done safely, unless actor is in her home. Self-Defense may extend to 3rd party injuries. Reasonable mistake as to the existence of danger is allowed

Front 43

Defense of Others

Back 43

One may use force to defend another when the actor reasonably believes that the other person could have used force to defend himself. Mistake is permitted.

Front 44

Defense of property

Back 44

A request to desist or leave must first be made unless it clearly would be futile or dangerous. May use force in HOT PURSUIT. You may not use deadly force to protect property.

Front 45

Questions for Self-Defense, Defense of others, Defense of property

Back 45

Is D responding to a threat that is imminent or in progress (timing) and does he have a reasonabel beliefe that the threat is genuine (accuracy)?

Front 46

Public Necessity

Back 46

Defendant may invade P's property in an emergency to protect the community as a whole or a significant group of people (flood, fire, crazed gunman). Not liable for damages

Front 47

Private necessity

Back 47

Defendant may invade P's property in an emergency to protect an interest of his own (physical safety or property). Consequences: D remains liable for actual damages and P property owner cannot throw D off the land. If he does he is responsible for injuries that occur.

Front 48

Reentry onto land/recapture of chattell

Back 48

No self-help allowed except in hot pursuit

Front 49

Discipline

Back 49

Parents and teachers can use reasonable force disciplining children