What are the 7 Intentional Torts?
- Battery
- Assault
- Trespass to Land
- Trespass to Chattel
- Conversion
- False Imprisonment
- Intentional Infliction of Emotional Distress
What 4 things are required for all intentional torts prima facie case?
- Voluntary Act
- Causation (but-for or substantial factor)
- Intent
- Injury
______ is not required for intent.
Malice
A voluntary act requires _________ movement by the actor.
volitional
What torts can Transferred intent be used on ONLY where intended tort and resulting tort are within these confines:
Battery Assault Trespass to Land Trespass to Chattel False Imprisonment
Injury, for a prima facie case, is the invasion of _______ _________ protected interests of another. (Different from Harm)
any legally
What are the Elements of Battery?
- Intentional Voluntary Act
- to Cause(direct/indirect)
- Harmful or Offensive contact with plaintiff’s person
- Contact Occurs
Offensive contact is limited by ________ person standard. Would offend a ______ sense of personal _______.
reasonable
reasonable
dignity
What is the exception to the reasonable person standard for offensive conduct in a battery?
The Defendant KNOWS the plaintiff would be offended by the contact.
In battery, the plaintiff’s person is defined as :
anything attached to the body or practically identified with it
Causation only requires that the Defendants act is a ______ ______ in the result.
substantial factor
What are the 4 Elements of Assault?
- Intentional Voluntary Act
- Imminent Apprehension of Imminent contact
- Contact would be Harmful or Offensive
- Plaintiff is AWARE, put in Apprehension
In an assault prima facie case, the Defendant need only _______ _______ ability , not actual ability to batter.
reasonable apparent
In assault ______ _______ are not enough. There must be coupled contact.
words alone
What is the Injury for a prima facie case of Assault?
Mental Harm (may be nominal)
What are the Elements of False Imprisonment?
- Intentional Voluntary Act OR omission
- Cause (without privilege)
- Confinement of Plaintiff
- Bounded Area FIXED
- Plaintiff is aware
(no reasonable means of escape)
Is it necessary to prove injury in a prima facie case for False Imprisonment?
No - not neccessary at the prima facie level
A means of escape is judged by a ______ ______ standard.
reasonable person
The time of confinement is ________ to the prima facie case for False Imprisonment.
irrelevant/immaterial
any time will suffice
Sufficient force to constitute confinement: _______ barriers, ________ force, Direct and ______ threat of force, Failure to provide means of ______, Invalid use of _____ authority.
Physical Barriers Physical force indirect threat means of escape legal
The shopkeeper Privilege requires what 3 things during False Imprisonment?
- Reasonable belief of theft
- Detention in reasonable manner
- Reasonable period of time, and ONLY for purpose of theft investigation
What are 3 insufficient forms of confinement or restraint/
moral persuasion
social pressure
future threats
What are the elements of Trespass to Land?
- Intentional Voluntary Act
- Physical Invasion
- Person, object, 3rd party
- “but-for” cause
Nuisance requires that Defendant’s conduct be _______ and cause _______ interference with the Plaintiff’s ________ and _____ of the land
unreasonable
substantial
use and enjoyment of the land
Conduct is unreasonable if the _______ of the _____ outweighs the _____ of the conduct.
gravity of the harm
utility
What are the Elements of Trespass to Chattel?
- Intentional Voluntary Act
- Dispossesion; OR
- Impairment; OR
- Deprivation substantial time;
- Bodily harm to possessor; Or
- Harm to person/thing legal interest in (dogs injured)
For Trespass to Chattel is an injury required?
YES - unlike trespass to Land
For Trespass to Chattel, intention, like in land, is only limited to what?
intent upon the act -> does not require malice or intent to steal to be satisfied
What are the elements of Conversion?
- Voluntary Intent Act
- SERIOUS interference; and
- FULL dispossesion, impairment, deprivation; and
- Damage will equal payment in FULL
What are the Elements of IIED?
- Voluntary Act
- EXTREME and OUTRAGEOUS conduct
- Caused
- SEVERE emotional distress; AND
- Harm Occurred(required)
In IIED what levels of intent are allowed?
- Specific
- General
- Reckless
(nontransferable)
EXTREME and OUTRAGEOUS conduct is defined as:
conduct that exceeds all bounds of society that society would not expect one to tolerate
What is the harm REQUIRED by IIED?
SEVERE emotional distress
- objective standard - be wary of the super sensitive plaintiff
What is the objective standard for IIED applied to the Plaintiff who suffers harm?
Severe emotional distress would be expected in a reasonable person under the same CIRCUMSTANCES
In IIED Offensive language is not enought UNLESS, the Defendant :
- has special relationship or aware of a sensitivity of Plaintiff
- Shopkeepers and Inkeepers - special duty to patrons
What are some protected classes where words may be enough for IIED?
- Small children
- Pregnant women
- Elderly
For IIED to be claimed by a bystander what has to be true:
- Plaintiff was present when injury occurred
- P is a close relative; and
- Defendant KNEW the P was present AND close relative
EXCEPTION: P does not need to be a relative if they can show D acted with specific design or purpose (torturing)
What are the Defenses to Intentional Torts?
- Consent
- Defense of Self
- Defense of Others
- Defense of Real Property
- Defense of Chattel for Recovery
- Necessity - private and public
Consent can be ____ or _____ and is invalid if used under false pretenses, fraud, or misrep
Express
Implied
Implied consent is sufficed by ____ or ____. Or in cases of _______ circumstances (medical care).
conduct
custom
emergency/ exigent (life is threatened requiring care)
What is the most important factor argued over with Consent?
= SCOPE of what was consented to
ex: football player and coach contact
Who is deemed to not have CAPACITY to consent?
Incompetents
Drunken persons
Very young children
What are the Elements of Self-Defense?
- Reasonable belief of danger to prevent a tort
- Reasonable and Proportionate Force against injury to prevent harm
- Privilege stops when no longer a threat
Self-Defense is not availabe to the initial aggressor, however, if the aggressor may use deadly force under what circumstances?
the other person initiated deadly force when aggressor only used non-deadly force
If in the course of reasonably defending himself, one accidentally injures a bystander, they are protected or not protected by self-defense?
protected
However, if the person used the bystander on purpose to protect himself, he can not invoke self-defense
What are the elements for Defense of Property/chattel?
- Request to Desist FIRST(unless clearly futile)
- Reasonable force limited to preventing trespass to land when in “Hot pursuit”
- “Hot pursuit” applies to chattel
- Contemporaneous
If one is under Defense of Property and then the situation escalates, deadly force is only okay when ?
the defense changes to defense of self or others
What defense will the shopkeeper invoke ?
Defense of property or chattel to justify the tort against them of false imprisonment
What are the only torts that Necessity can be used against as a defense?
Trespass torts:
Land
Chattel