keywords:
Bookmark and Share



Front Back
Intentional Torts
Assault
Battery
Conversion
False Imprisonment
Intentional Infliction of Emotional Distress
Trespass to Chattels
Trespass to Land
Transferred Intent applies to:
Assault, Battery & False Imprisonment

FAB
INTENTIONAL TORTS PRIMA FACIE CASE
All intentional torts require an act by D, intent by the D to bring about some physical or mental effect upon another person, and the effect must have been legally caused by D's act or something set in motion by D.
INTENT
Intent can be achieved by either direct intent when the P has a desire or purpose to bring about the effect, or indirectly when the D knows with substantial certanty that a particular effect will occur.
SUBSTANTIAL CERTAINTY TEST
D must have known or have been substantially certain that an effect will occur from their actions.
TRANSFERRED INTENT
TI will provide the requisite ntent when the D held the necessary intent with respect to one person but instead commits a different tort against  that person or any other person, or the intended tort against a different person.   TI is NOT applicable with conversion or IIED.
CAUSATION
Causation is the effect legally caused by D's act or some action that is set in motion by D.  Causation can also be satisifed if the D's act was a substanital factor in bringing about the effect.
TRANSFERRED INTENT
When the person harmed is not the one to whom the harm was originally directed or when the harm is of a different type of tort than that intended.
BATTERY
Intentional infliction of a harmful or offensive bodily contact.
INTENT ELEMENT OF BATTERY
Intent can be satisfied either by desire and purpose or with knowledge or substantial certainty.
HARMFUL OR OFFENSIVE ELEMENT OF BATTERY
A. Harmful touching would encompass a touching that causes pain or bodily damage; OR
b. Offensive touching is contact that offends a reasonable person's sense of dignity.
CONTACT ELEMENT OF BATTERY
The contact can be direct or indirect; and includes contact with an object closely identified with P's body.
ASSAULT DEFINED
The intentional causing of an apprehension of an imminent harmful or offensive contact.
INTENT ELEMENT OF ASSAULT
Intent can be satisfied either by desire and purpose or with knowledge with substantial certainty.  For an assault, the D can intend to cause apprehension of an imminent touching, or intend to make contact.
CAUSING APPREHENSION ELEMENT OF ASSAULT
The P must be put in immediate apprehension of an imminent harmful or offensive touching.  Thus, the P must be aware of the threat.
IMMINENT ELEMENT OF ASSAULT
The D must have the apparent present ability to carry out the threat.
HARMFUL OR OFFENSIVE ELEMENT OF ASSAULT
a. Harmful touching would encompass a touching that causes pain or bodily damage; OR
b. Offensive touching is contact that offends a reasonable person's sense of dignity.
DEFINITION OF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (IIED)
The intentional OR reckless infliction of severe emotional or mental distress caused by D's extreme and outrageous conduct.
INTENT ELEMENT OF IIED
Intent can be satisfied three ways:
1) By desire and purpose to cause emotional distress; or
2) with knowledge with substantial certainty that emotional distress will result; OR
3) with reckless disregard of the high probability emotional distress will occur.
SEVERE EMOTIONAL DISTRESS ELEMENT OF IIED
The emotional distress suffered by the P must be severe, though bodily harm is NOT required.
EXTREME AND OUTRAGEOUS CONDUCT ELEMENT OF IIED
Extreme and outrageous conduct is that beyond all possible bounds of decency.
THIRD PERSON LIABILITY  for IIED
Occurs where the D intentionally or recklessly directs extreme and outrageous conduct at someone OTHER than the P (person X).  P can recover for IIED if:
a. P was physically present and known by the D to be present AND is a close relative to X; or
b. P was physically present and known by the D to be present, and the P suffers bodily harm as a result of the severe emotional distress (e.g., heart attack).
DEFINITION OF FALSE IMPRISONMENT (FI)
Occurs where the D intentionally causes the P to be confined, restrained or detained to a bounded area with no reasonable means of escape, of which the P is either aware or harmed.
INTENT ELEMENT OF FI
Intent can be satisfied either by desire and purpose or with knowledge of substantial certainty
CONFINEMENT ELEMENT OF FI
Can be confined, contained, restrained or detained.
BOUNDED AREA ELEMENT OF FI
Confinement must be within a bounded area.
ESCAPE ELEMENT OF FI
No reasonable means of escape must be present.
AWARENESS ELEMENT OF FI
P must be aware of teh confinement, or have suffered harm as a result of the confinement.
DEFINITION OF TRESPASS TO LAND
The intentionally physical incasion of the land of another.
INTENT ELEMENT OF TRESPASS TO LAND
Intent can be satisfied by the desire and purpose to voluntarily invade the land of another.  However, the D need only intend to invade the land he atually invades, he need not intend to invade the land of another so a mistake as to land ownership will NOT provide a defense.
PHYSICAL INVASION ELEMENT OF TRESPASS TO LAND
Does not require that the land be harmed by the invasion and includes:
a. the entry onto another's land without permission.
b. remaining upon the land without the right to be there; OR
c. placing or projecting an object upon the land without permission.
REAL PROPERTY OF TRESPASS TO LAND
The trespass must be done to the real property of another.
DEFINTION OF TRESPASS TO CHATTELS
An intentional interference with a person's use or possession of a chattel.
INTENT ELEMENT OF TRESPASS TO CHATTEL
Intent can be satisfied by the desire and purpose to interfere with the chattel of another.  However, the D need only intend to interefere with the chattel in the manner he does, so a smistake as to chateel ownership will not provide a defense.
INTEREFERENCE WITH ELEMENT OF TRESPASS TO CHATTEL
Interference with use OR possession: The chattel owner is precluded for using or possessing his chattel.  Typically, this will be for a temporary time period.
CHATTEL DEFINITION FOR TRESPASS TO CHATTEL
Chattel is personal property.
DAMAGES DEFINED FOR TRESPASS TO CHATTEL
The measure of damages is the chattel's loss of value caused by the loss of use.
DEFENSES TO INTENTIONAL TORTS
A. Consent
B. Self-Defense
C. Defense of Others
D. Defense of Property
E. Recapture of Chattels
F. Shopkeeper's privilege
G. Arrest under a legal authority
H. Necessity
CONSENT DEFENSE TO INTENTIONAL TORTS
Consent: P's consent to D's Conduct.  Can be express or implied.

1. Scope: Consent may not go BEYOND the scope of the consent given.
2. Consent to crimes: Courts are split as to when the D's against P is a criminal act.  The majority of courts hold that P cannot consent to being a victim of a crime.
SELF DEFENSE
DEFENSE TO INTENTIONAL TORTS
A person is entitled to use reasonable force to prevent any threatened harmful or offensive bodily contact, and any threatened confinement or imprisonment.
1. Deadly Force: Use of deadly force is only allowed if the D is in danger of death or serious bodily harm.
2. Degree of Force: D may only use the degree of force necessary to prevent the threatened harm.
DEFENSE OF OTHERS

DEFENSE TO INTENTIONAL TORTS
A person may use reasonable force to defend another person when he reasonably believes that the other person could have used force to defend himself. The same rules regarding use of force apply as in self-defense.
DEFENSE OF PROPERTY

DEFENSE TO INTENTIONAL TORTS
A person may use reasonable force to defend his real or personal property.
1. Warning required: D must first make a verbal demand that the intruder stop, unless it reasonably appears that it would be futile or dangerous.
2. Deadly force: D may only use deadly force IF non-deadly force will not suffice and the D reasonably believes that without deadly force, death or serious bodily harm will result.
a. Mechanical devices: A property owner may only use a mechanical device to protect his property if he would have been privileged to use the dame degree of force if present at the time.
RECAPTURE OF CHATTELS

DEFENSE TO INTENTIONAL TORTS
A property owner has the general right to use reasonable force to regain possession of chattels taken by someone else.
1. Fresh Pursuit: The property owner must be in fresh pursuit.
2. Deadly force is NOT allowed in recapture of chattels.
SHOPKEEPER'S PRIVILEGE

DEFENSE TO INTENTIONAL TORTS
Shopkeepers have a privilege to temporarily detain individuals whom they reasonably believe to be in possession of shoplifted goods.
1. Temporarily detain: Temporary detention is allowed for a reasonable time to investigate if shoplifting has occurred, typically for 10 to 15 minutes.  The police must be called to make an arrest.
ARREST UNDER A LEGAL AUTHORITY

DEFENSE TO INTENTIONAL TORTS
An arrest under legal authority is allowed when the D was exercising his legal rights and duties by restraining the P.
NECESSITY

DEFENSE TO INTENTIONAL TORTS
A person may interfere with the real or personal property of another when it is reasonably and apparently nevessary to prevent great harm to third persons or the D himself.

1. Public Necessity: applies when the threatened harm was to the community at large or to many people. Should property be damaged by the public necessity, no compensation is owed.

2. Private Necessity:  applies when a person acts to prevent injury to himself or his property, or the person or property of another.  Should damage to property result from the private necessity, the P must pay for the damage.
PRIMA FACIE CASE FOR

NEGLIGENCE
D's conduct imposes an unreasonable risk upon another, which results in injury to that person. P must prove the following elements:
a. Duty
b. Breach
c. Causation - cause-in-fact or proximate cause and
d. Damages - actual damage.
DUTY OF CARE DEFINITION
A person has a duty to act as a reasonable person.

Negligence


TO WHOM DUTY OF CARE IS OWED:
A. Foreseeable Ps: the majority of courts hold that a duty is only owed to foreseeable Ps. (Cardozo view)

B. Everyone:  a minority of courts hold that a duty is owed to everyone including unforeseeable Ps. (Andrews view).
Negligence:


STANDARD OF CARE

GENERAL
General Standard of Care:

A reasonable person under the circumstances, unless a special duty applies (see Special Duty Card).

I. The circumstances considered generally include the physical characteristics
x of y cards Next > >|