Torts - Intentional Torts

Front 1

7 Intentional Torts

Back 1

1. Battery
2. Assault
3. False Imprisonment
4. Intentional Infliction of Emotional Distress
5. Trespass to Land
6. Trespass to Chattels
7. Conversion

Front 2

Battery

Back 2

1. Affirmative act that brings about a harmful or offensive contact (unpermitted)
2. With P's person (includes anything P is holding/ indirect contact - doesn't have to be instantaneous)
3. INTENT to bring about that conduct
4. CAUSATION

Front 3

Assault

Back 3

1. Affirmative act by D creating a REASONABLE APPREHENSION OF
2. AN IMMEDIATE BATTERY (harmful or offensive contact)
3. INTENT on part of D to bring about that apprehension
4. CAUSATION

Front 4

Transferred Intent

Back 4

Applies when one intends to commit a tort against one person but instead commits a different tort against the person.
--> Intent is transferred to the other tort.

Front 5

False Imprisonment

Back 5

1. Intent to Confine
2. Confinement (Act/Omission; threats = act of restraint, no need for physical barrier)
3. Causation
(in bounded area; constrained in all directions, no reasonable means of escape)

Front 6

Intentional Infliction of Emotional Distress

Back 6

1. D must engage in OUTRAGEOUS CONDUCT (repetitive; D is a common carrier or innkeeper; P is a member of a fragile class; D knows about certain hypersensitivity)
2. P must SUFFER SEVERE EMOTIONAL DISTRESS (no requirement for physically observable symptoms)
3 & 4. Intent & Causation
(mishandling relative's corpse --> IIED)

Front 7

Trespass to Land

Back 7

1. Act of physical invasion
2. Intent to enter P's land (includes air above and soil below, up to reasonable distance)
3. Causation

Front 8

Trespass to Chattels

Back 8

1. Interference (small harm)
2. with P's personal property or chattels.
REMEDY = Cost of Repair

Front 9

Conversion

Back 9

1. Interference (significant/extensive harm)
2. with P's personal property or chattels.
REMEDY = Full Value of the Item

Front 10

Defenses to Intentional Torts

Back 10

1. Consent
2. Protective Privileges: Self Defense, Defense of Others, and Defense of Property
3. Defenses of Necessity (Public & Private; only relevant to property claims)

Front 11

Consent: elements
- Express
- Implied

Back 11

1. P needs LEGAL CAPACITY in order to consent (minors & ppl w/ disabilities LIABLE for their intent'n'l torts).
2. If D exceeds SCOPE of consent, liable.
3. EXPRESS consent: words that give D permission to behave in challenged fashion.
4. IMPLIED consent: From custom/usage; based on D's reasonable interpretation of P's objective conduct.

Front 12

Protective Privileges:
- Self Defense
- Defense of Others
- Defense of Property

Back 12

1. Responding to a threat that is imminent or in progress.
2. Reasonable belief of a threat.
3. May use force that is necessary/ appropriate under the circumstances (proportional force). (no deadly force to protect property, only if person threatening D with deadly harm).

Front 13

Public Defense of Necessity

Back 13

(Only relevant against property claims)
- D invades P's property interest in an emergency to protect community or group.
- Complete and absolute defense.

Front 14

Private Defense of Necessity

Back 14

(Only relevant against property claims)
- D invades P's property interest in an emergency to protect an interest of his own.
- Legal Consequences: D liable to P for any actual harm; NOT liable for nominal or punitive damages; cannot be lawfully expelled from a position of safety so long as emergency continues (right of sanctuary).

Front 15

Additional Defenses to Intentional Torts (mainly false imprisonment)
1. Privilege of Arrest
2. Shopkeeper's Privilege

Back 15

1. Privilege of Arrest: misdemeanor must be breach of the peace & committed in presence of arresting party.
2. Shopkeeper's Privilege: reasonable belief theft was committed & detention conducted in a reasonable manner for a reasonable period of time.