MBE > MBE Torts > Intentional Torts > Flashcards

Intentional Torts Flashcards

Learn about: - Transferred Intent - Battery - Assault - False Imprisonment - IIED - Trespass to land/chattels - Conversion - Intentional Tort Defenses (61 cards)

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1
Q

What are the prima facie elements of an intentional tort?

A
  1. Voluntary act;
  2. Intent to cause harm;
  3. Causation; and
  4. Resulting harm
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2
Q

What intent is needed for intentional torts?

A
  • Intent to cause a harmful result; or
  • Acting with knowledge that harm is substantially certain to result
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3
Q

Are children and the mentally incompetent liable for their own torts?

A

Yes, if they have the requisite intent required for the tort.

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4
Q

Define

doctrine of transferred intent

A

If D intends to commit a tort but causes injury to a different victim OR commits a different tort than intended, original intent is transferred to the new victim/tort

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5
Q

Transferred intent applies to which torts?

A
  • Assault;
  • Battery;
  • False imprisonment; and
  • Trespass to chattels or land
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6
Q

Elements of battery

A

An Intentional act; that causes harmful, unwanted, or offensive contact to the plaintiff’s person

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7
Q

What qualifies as contact for battery?

A

Touching either:

  • P’s body;
  • Something that has a close physical connection to P’s body (purse, pet on a leash); or
  • Creating circumstances that will harm P (e.g. putting water on stairs so P will fall)
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8
Q

What constitutes harmful or offensive contact for battery?

A

Contact that:

  • Causes injury, pain, or any physical discomfort to P
  • Offends a reasonable person’s sensibilities
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9
Q

Does P need to be aware of the contact to constitute battery?

A

No

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10
Q

Does P need to prove harm for battery?

A

No, only that the contact would be
* offensive to a reasonable person; and
* D had the intent to cause the contact

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11
Q

What are the defenses to battery?

A
  1. Consent;
  2. Self-defense;
  3. Defense of property; and
  4. Defense of others
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12
Q

Define

eggshell plaintiff rule

A

Common law doctrine that makes D liable for all injuries/damages to P even if injuries are not reasonably foreseeable (i.e., you take P as you found them, even if P is more susceptible to harm than a typical person)

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13
Q

Elements of assault

A
  1. Intentional act by D that creates;
  2. P’s reasonable apprehension;
  3. Of imminent harmful or offensive physical contact; and
  4. Causation
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14
Q

What constitutes reasonable apprehension for assault?

A
  1. P is aware of D’s act; and
  2. Reasonably apprehends imminent harmful or offensive contact
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15
Q

Can reasonable apprehension exist if the D lacks the ability to commit assault?

A

Yes, as long as P didn’t know D lacked the ability. If P knew that D lacked the ability, then no reasonable apprehension would exist.

Example: If D says “I’m going to kill you with this gun in my bag,” but doesn’t actually have a gun, there is still reasonable apprehension unless the plaintiff knows D doesn’t have a gun in the bag.

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16
Q

Are mere words sufficient for assault?

A

No, unless in conjunction with other threatening conduct or circumstances.

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17
Q

Are threats of future harm considered assault?

A

No, the P must fear immediate bodily harm

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18
Q

Elements of false imprisonment

A
  1. D intends to confine or restrain P in a bounded area (area where P has no reasonable means of escape);
  2. D actually confines or restrains P in bounded area;
  3. P knows or is harmed by confinement
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19
Q

What constitutes confinement for false imprisonment?

A

Freedom of movement in all directions is limited with no reasonable means of escape.

Examples:

  • Use of physical barriers, duress, or threats
  • Invalid use of legal authority

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20
Q

Do threats of future or moral harm constitute confinement?

A

No

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21
Q

Does failing to release from confinement constitute false imprisonment?

A

Yes

Unless D is not aware of P being trapped in the room.
Example: P gets trapped in the bathroom and D won’t let her out.

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22
Q

Can you negligently falsely imprison someone?

A

No, false imprisonment requires the intent to confine.

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23
Q

Define

shopkeeper’s privilege

A

A shopkeeper is not liable for false imprisonment if she:

  1. Has a reasonable suspicion that P has stolen goods;
  2. Uses reasonable force to detain P; and
  3. Only detains P for a reasonable time to confirm/deny the suspicion

⚠️ Note: Only non-deadly force allowed. Shopkeeper can be liable for P’s injuries if actions exceed scope of privilege .

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24
Q

How long does D need to confine P to constitute false imprisonment?

A

Only briefly; duration is only important to determine damages

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25
When is proof of **actual damages** required to recover for false imprisonment?
Only if P was **unaware** of his confinement. Proof of actual damages is not required if P was aware.
26
# Define false arrest
False assertion of **legal authority.** Form of false imprisonment.
27
Elements of intentional infliction of emotional distress (**IIED**)
1. D acts **intentionally** or **recklessly**; 2. With **extreme** _and_ **outrageous** conduct; and 3. Causes P **severe emotional distress**
28
What constitutes **extreme** and **outrageous** conduct?
Conducts that **exceeds all bounds tolerated by a civilized society.** Must be much more than mere threats & insults; must shock the conscience.
29
Is **non-outrageous conduct** actionable under IIED?
No, unless: * D is an **innkeeper**, **common carrier,** or in **position of authority** (teacher, boss, etc); or * P is part of a **particularly susceptible group** (seniors, children, pregnant women, etc)
30
What is considered **severe emotional distress?**
Level of emotional distress that is expected to **adversely affect mental health**. **Substantial & lasting**.
31
What elements are needed for a **bystander** to recover for IIED?
1. D **intentionally** or **recklessly** harmed a third party; 2. P was **present** at the scene and **witnessed** the event; 3. P was **closely related** to victim (i.e. immediate family); 4. D **knew** P was present and closely related; and 5. P suffers **extreme emotional distress** as a result ## Footnote ⚠️ Note: P does not need to prove the above elements if D's **design or purpose** was to cause severe emotional distress to P
32
Elements of **trespass to land**
1. D **intentionally**; 2. **Physically invades** P's real property
33
What constitutes **intent** for trespass to land?
**Intent to enter the land**; D doesn't need to intend to interfere with P's property
34
What constitutes **entry** for **trespass to land?**
* **Physical invasion** by D * **Object thrown/controlled** by D ## Footnote ⚠️ Note: Smells, lights, sounds do not constitute trespass (but may be nuisance)
35
Is **mistake** a defense to **trespass to land**?
No
36
Elements for **trespass to chattel**
1. D **intentionally;** 2. **Intermeddles or uses;** 3. P's **personal property** (chattel); and 4. Causes **damage** or **loss of use**
37
# Define conversion
D **intentionally** exercises **dominion** and **control** over P's property so as to **deprive them of its use**
38
Is **mistake** a defense to conversion?
No
39
Differentiate **trespass to chattels** vs. **conversion**
Trespass to chattels: * **Shorter in duration** with **less severe harm** than conversion * Can only recover **cost of repair or rental value** Conversion: * **Significant interference** that deprives P of use * P can recover the **full value + replevin**
40
What are the **defenses** to **intentional torts**?
* Consent (express & implied); * Self-defense; * Defense of others; * Defense of property; * Necessity; and * Recapture
41
What is **express consent?** When is it negated?
When P **affirmatively communicates** permission for D to act through **words or writing.** Consent is negated when: * D's conduct **exceeds the scope** of consent; * P **lacked capacity** to consent; or * Consent was gained through **duress or fraud**
42
What is **implied consent**? When is it negated?
**Reasonable** inference that P consents through her **conduct or custom** (e.g. participating in boxing match) Negated when conduct reasonably **exceeds the scope of consent**.
43
Does consent given by **mistake** constitute a valid defense?
Yes, unless: * D **knows** that P is mistaken and **exploits** it; or * D is **responsible** for the mistake
44
Elements for **self-defense**
1. D **subjectively and reasonably** believes harm is **imminent**; and 2. D uses **proportional force** to protect herself
45
When can **deadly force** be used for self-defense?
Only when faced with intentional threats of **death** or **grave bodily harm** ## Footnote **⚠️** Note: Cannot be used to protect property
46
Is there a **duty to retreat**?
Generally no, unless in a retreat jurisdiction (e.g. Washington, DC)
47
When can the **initial aggressor** claim self-defense?
Only if the **other person** responded to non-deadly force **with deadly force.**
48
Is D allowed to act **negligently** while using self-defense?
No, D will be held liable if they harm bystanders by acting negligently during self-defense (e.g. shooting a gun into a crowded sidewalk)
49
What is the **defense of others** defense?
Defendant is entitled to defend others as long as they have a reasonable belief that the **person they are defending would be entitled to self-defense**
50
If D **mistakenly** believes that she or another is in danger, can she still invoke self-defense or defense of others as a defense?
Yes, as long as the mistake was **reasonable**
51
What is **defense of property?**
D is permitted to use **reasonable, non-deadly force** to prevent P from causing harm to D's personal or real property
52
What must D do **before** using reasonable force to defend property?
Ask the trespasser to **stop** ## Footnote ⚠️ Note: Not required if D believes request is dangerous or useless
53
What is **recapture of** **chattels**?
Privilege to **trespass** & use **peaceful means** to get back one's personal property from the wrongdoer
54
When can **force** be used to recapture chattels?
Only when in **hot pursuit** of person who has obtained possession wrongfully (i.e. tort is in progress) ## Footnote ⚠️ Note: Deadly force is not allowed
55
Do **parents** have the right to **discipline** their children?
Yes, parents and educators may use **reasonable force** to discipline children (reasonableness depends on child's age and proportionality to the misbehavior)
56
What is the **necessity defense**?
Allows D to **reasonably interfere** with P's property to **avoid** a substantially **greater harm** (e.g. D damages P's fence to try and save P's burning house)
57
What is the **public** **necessity** defense?
D destroyed or interfered with private property to **protect the public from severe, imminent disaster**
58
Is public necessity an **absolute** defense?
Yes, D is not liable for **_any_** damages to the property
59
When does **private** **necessity** arise?
When D interferes or trespasses on P's property to prevent **personal harm** or **harm to a small number** of people
60
Is private necessity an **absolute** privilege?
No, property owner can still recover **actual damages** for harm done to the property (but not nominal or punitive damages)
61
# True or False **Intentionally wrongful actions** render D liable for all consequences of those acts, even if **unintended and unforeseen**
True
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