Torts: Intentional Torts

Front 1

For all intentional torts, D must have made a voluntary act.

D must have intended consequences of his act. Acted with actual desire or substantial certainty.

Motive irrelevant. Mentally incompetents & children can be liable.

Back 1

Tranferred Intent:

1) Person to person: if intent proven to one P, then proven to all
2) Tort to tort: if intent proven for one intentional tort, may be proven for another

Front 2

Causation

Back 2

D's act must have caused or been a substantial factor in causing the result

Front 3

Actual damages are not needed for intentional torts. Nominal damages ($1) can be awarded

Possibility of punitive damages if D was willful, wanton, malicious

Back 3

Punitive damages can consider D's wealth, reprehensibility of D's misconduct, actual harm caused. Modern trend limits punitives.

D liable for all harm caused, even if unforeseeable.

Front 4

Assault: reasonable apprehension of imminent harmful or offensive contact, plus D's intent and causation.

- Apprehension: "expectation of"
- No actual contact needed
- Words alone insufficient (unless blind or in dark)
- P's apprehension must be for P himself

Back 4

- P must be aware of D's act
- D must have actual or apparent ability to cause harm/offensive
- P must prove reasonable person would have been in apprehension
- P's extrasensitivity not considered unless D's aware
- No actual damages needed

Front 5

Battery: D's harmful or offensive contact with P plus intent and causation.

- Contact can be with P's body or something connected to P's body
- Also established by D setting in motion something that causes contact (pulling away hair, putting poison in food)

Back 5

- Harmfulness/offensiveness eval on reasonable person standard
- Extrasensitivy of P only considered if D knew of P's sensitivity
- P's awareness of contact NOT needed

Front 6

False Imprisonment: D's act must confine/restrain P to bounded area

Confinement or restraint includes physical barrier, physical force, threat of immediate physical force.

Bounded area means no reasonable exit.

Back 6

- Length of confinement irrelevant (relevant to damages).
- P must be aware of confinement.
- Motive is irrelevant.
- Actual damages not needed.

Front 7

Intentional Infliction of Emotional Distress: D's intentional or reckless extremely outrageous behavior which causes P severe emotional distress.

Act must be extreme and outrageous; words alone or threat may prove tort.

Break down required. Nominal damages not enough.

Back 7

- P extrasensitivity not considered unless D knows of extrasensitivity.
- D's identity relevant. Common carriers and innkeepers more likely outrageous.
- P's identity relevant. Pregnant, old or very young more likely to win.
- Intent can also be proven by reckless behavior.
- Generally, transferred intent n/a but minority may permit onlookers to collect if family member is target of conduct.

Front 8

Trespass to Land: D's voluntary and intentional physical invasion of P's land [including airspace to reasonable height]

Physical invasion includes D's personal entrance, throwing tangible objects on P's land, D's remaining on P's land after being told to leave, or D's leaving objects on P's land after being told to remove them.

Back 8

P can be owner or tenant.

D must have intent to physically invade but not intent to treaspass.

D's good faith, honest, reasonable belief that land belongs to D is not a defense.

Harm to land not needed.

Front 9

Conversion and Trespass to Chattel

Conversion is intentional destruction or wrongful possession for a long period of time of another's personal property.

Trespass to chattel involves less harm or short wrongful possession of another's personal property [requires actual damages]

Back 9

Remedies includes damages (fair market value) or replevin (return)

D's good faith reasonable belief that chattel belongs to D is not a defense.