Torts Intentional Torts And Defenses

Front 1

7 Intentional Torts

Back 1

Battery
Assault
False Imprisonment
IIED - Intentional Infliction of Emotional Distress
Conversion
Trespass to Chattel
Trespass to Property

Front 2

Assault Elements
5

Back 2

1. Intent
2. Offer of Injury
3. Reasonable apprehension
4. Apparent ability
5. Imminent threat of injury

Front 3

Battery Elements

Back 3

1.Intends to cause H/O contact
2. H/O contact with the person or 3rd person directly or indirectly results.
Gist of battery; is not the hostile intent of the D, but rather the absence of consent to the contact on the part of the P. (Pat on the butt)

Front 4

False Imprisonment
3 Elements

Back 4

1. a Willful Detention (Intent)
2. Performed w/o Consent
3. w/o Authority of law.

A person may falsely imprison another by acts alone or by words alone, or by both, operating on the person's will.

Front 5

False Imprisonment, Plaintiff must establish:
5

Back 5

1. Their physical liberty was actually restrained
2. D intended to confine them
3. They were conscious of the confinement
4. They did not consent to the confinement
5. the confinement was not otherwise privileged.

Front 6

IIED
Elements
4

Back 6

1. Outrageous conduct by the defendant
2. The D's intention of causing, or reckless disregard of the probability of causing emotional distress.
3. P's suffering severe or extreme emotional distress; and
4. Actual and proximate causation of the emotional distress by the D's outrageous conduct.

Front 7

Conversion

Back 7

An Intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it.

Front 8

Trespass to Chattel (personal property)
4 elements

Back 8

"OR"
1. D disposses P of the Chattel, or
2. The Chattel is impaired as to its condition, quality, or value, or
3. P is deprived of the use of the chattel for a substantial time, or
4. Bodily harm is caused to the P, or harm is caused to some person or thing in which the possessor has a legally protected interest.

Front 9

Trespass to Land

Back 9

Trespass to land occurs when the D intentionally enters the land of another or casts a thing or object onto someone else's property w/o permission.
Trespass can consist of intrusions upon, beneath, or above the surface of the land.
*For INTENTIONAL entries, no damage to the land is necessary.
*If D Negligently or recklessly enters the land of another s/he is liable for trespass ONLY if there is DAMAGE to the land. (drunk and loses control, hits curb, lands on someone's lawn, That is trespass.)

Front 10

Joe was golfing. Negligently hits golf ball onto pats land. Joe drives his golf cart onto Pat's land. Pat says "Get'er offa me land young'in!" Joe gets his ball and drives away.
Which is Trespass? Ball, Joe, Cart?

Back 10

Joe and Cart, Not Ball. Ball was not intended to go onto Pat's Land. Need Intent to trespass.

Front 11

Defenses to Intentional torts
5

Back 11

1. Consent
2. Self-Defense
3. Defense to Others
4. Defense of Property
5. Necessity

Front 12

Consents to Intentional Torts

Back 12

1. Implied consent
2. Informed Consent

Front 13

Informed Consent

Back 13

Medical professionals required to explain risks to patients and obtain consent expressly.

Minors can't not consent to medical procedures, they lack mental capacity to understand it.

Front 14

Implied Consent

Back 14

Inferred from a person's actions and the facts and circumstances of a situation (sometimes a person's silence or inaction).
Implied consent doesn't have to be expressed.
i.e. O'Brien v. Cunard (shipboard vaccination)
First Responders; Good Samaritan Laws

Front 15

Defense (provocation)
must prove:
3

Back 15

Incomplete Defense
Must prove:
1. The P's conduct was truly provocative
2. His/Her response to the provocation was not wholly disproportionate to the offense offered.
3. Enough time had elapsed for the effect of the provocative conduct to dissipate.

Front 16

Self Defense Elements

Back 16

Complete Defense
1. Reasonably believe they are about to be seriously injured, and
2. Entitled to use force to defend as long as the threat of injury continues, and
3. Only as much force as is necessary to defend

Front 17

Defense of Property,
P must prove 3 elements.

Back 17

Complete Defense
1. P was trespassing on his/her property.
2. He/She reasonably believed that any such attempt would have been useless or would have caused substantial harm.
3. He/She first asked the trespasser to leave and that the trespasser refused or that he she R/believed that any such attempt would have been useless/caused substantial harm.
Note: Property owners can never use force that endangers human life or inflicts serious bodily harm.

Front 18

Recapture

Back 18

Can not use violence and force to regain possessions.
You can retake them wherever you find them provided you can do so in a peaceable possession, law more highly regards public peace than right of property of a private individual. Forbids recaption to be made in a riotous or forcible manner.

Front 19

Transferred Intent

Back 19

If an act is done with the intention of affecting a third person.. but puts another in apprehension of a harmful or offensive contact, the actor is subject to liability to such other as fully as though he intended so to affect him.