Midterm - Intentional Torts and Defenses Flashcards Preview

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Flashcards in Midterm - Intentional Torts and Defenses Deck (49)
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1
Q

What are the 7 Intentional Torts?

A
  1. Battery
  2. Assault
  3. Trespass to Land
  4. Trespass to Chattel
  5. Conversion
  6. False Imprisonment
  7. Intentional Infliction of Emotional Distress
2
Q

What 4 things are required for all intentional torts prima facie case?

A
  1. Voluntary Act
  2. Causation (but-for or substantial factor)
  3. Intent
  4. Injury
3
Q

______ is not required for intent.

A

Malice

4
Q

A voluntary act requires _________ movement by the actor.

A

volitional

5
Q

What torts can Transferred intent be used on ONLY where intended tort and resulting tort are within these confines:

A
Battery
Assault
Trespass to Land
Trespass to Chattel
False Imprisonment
6
Q

Injury, for a prima facie case, is the invasion of _______ _________ protected interests of another. (Different from Harm)

A

any legally

7
Q

What are the Elements of Battery?

A
  1. Intentional Voluntary Act
  2. to Cause(direct/indirect)
  3. Harmful or Offensive contact with plaintiff’s person
  4. Contact Occurs
8
Q

Offensive contact is limited by ________ person standard. Would offend a ______ sense of personal _______.

A

reasonable

reasonable

dignity

9
Q

What is the exception to the reasonable person standard for offensive conduct in a battery?

A

The Defendant KNOWS the plaintiff would be offended by the contact.

10
Q

In battery, the plaintiff’s person is defined as :

A

anything attached to the body or practically identified with it

11
Q

Causation only requires that the Defendants act is a ______ ______ in the result.

A

substantial factor

12
Q

What are the 4 Elements of Assault?

A
  1. Intentional Voluntary Act
  2. Imminent Apprehension of Imminent contact
  3. Contact would be Harmful or Offensive
  4. Plaintiff is AWARE, put in Apprehension
13
Q

In an assault prima facie case, the Defendant need only _______ _______ ability , not actual ability to batter.

A

reasonable apparent

14
Q

In assault ______ _______ are not enough. There must be coupled contact.

A

words alone

15
Q

What is the Injury for a prima facie case of Assault?

A

Mental Harm (may be nominal)

16
Q

What are the Elements of False Imprisonment?

A
  1. Intentional Voluntary Act OR omission
  2. Cause (without privilege)
  3. Confinement of Plaintiff
  4. Bounded Area FIXED
  5. Plaintiff is aware
    (no reasonable means of escape)
17
Q

Is it necessary to prove injury in a prima facie case for False Imprisonment?

A

No - not neccessary at the prima facie level

18
Q

A means of escape is judged by a ______ ______ standard.

A

reasonable person

19
Q

The time of confinement is ________ to the prima facie case for False Imprisonment.

A

irrelevant/immaterial

any time will suffice

20
Q

Sufficient force to constitute confinement: _______ barriers, ________ force, Direct and ______ threat of force, Failure to provide means of ______, Invalid use of _____ authority.

A
Physical Barriers
Physical force
indirect threat
means of escape 
legal
21
Q

The shopkeeper Privilege requires what 3 things during False Imprisonment?

A
  1. Reasonable belief of theft
  2. Detention in reasonable manner
  3. Reasonable period of time, and ONLY for purpose of theft investigation
22
Q

What are 3 insufficient forms of confinement or restraint/

A

moral persuasion
social pressure
future threats

23
Q

What are the elements of Trespass to Land?

A
  1. Intentional Voluntary Act
  2. Physical Invasion
  3. Person, object, 3rd party
  4. “but-for” cause
24
Q

Nuisance requires that Defendant’s conduct be _______ and cause _______ interference with the Plaintiff’s ________ and _____ of the land

A

unreasonable

substantial

use and enjoyment of the land

25
Q

Conduct is unreasonable if the _______ of the _____ outweighs the _____ of the conduct.

A

gravity of the harm

utility

26
Q

What are the Elements of Trespass to Chattel?

A
  1. Intentional Voluntary Act
  2. Dispossesion; OR
  3. Impairment; OR
  4. Deprivation substantial time;
  5. Bodily harm to possessor; Or
  6. Harm to person/thing legal interest in (dogs injured)
27
Q

For Trespass to Chattel is an injury required?

A

YES - unlike trespass to Land

28
Q

For Trespass to Chattel, intention, like in land, is only limited to what?

A

intent upon the act -> does not require malice or intent to steal to be satisfied

29
Q

What are the elements of Conversion?

A
  1. Voluntary Intent Act
  2. SERIOUS interference; and
  3. FULL dispossesion, impairment, deprivation; and
  4. Damage will equal payment in FULL
30
Q

What are the Elements of IIED?

A
  1. Voluntary Act
  2. EXTREME and OUTRAGEOUS conduct
  3. Caused
  4. SEVERE emotional distress; AND
  5. Harm Occurred(required)
31
Q

In IIED what levels of intent are allowed?

A
  1. Specific
  2. General
  3. Reckless
    (nontransferable)
32
Q

EXTREME and OUTRAGEOUS conduct is defined as:

A

conduct that exceeds all bounds of society that society would not expect one to tolerate

33
Q

What is the harm REQUIRED by IIED?

A

SEVERE emotional distress

- objective standard - be wary of the super sensitive plaintiff

34
Q

What is the objective standard for IIED applied to the Plaintiff who suffers harm?

A

Severe emotional distress would be expected in a reasonable person under the same CIRCUMSTANCES

35
Q

In IIED Offensive language is not enought UNLESS, the Defendant :

A
  1. has special relationship or aware of a sensitivity of Plaintiff
  2. Shopkeepers and Inkeepers - special duty to patrons
36
Q

What are some protected classes where words may be enough for IIED?

A
  1. Small children
  2. Pregnant women
  3. Elderly
37
Q

For IIED to be claimed by a bystander what has to be true:

A
  1. Plaintiff was present when injury occurred
  2. P is a close relative; and
  3. 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)
38
Q

What are the Defenses to Intentional Torts?

A
  1. Consent
  2. Defense of Self
  3. Defense of Others
  4. Defense of Real Property
  5. Defense of Chattel for Recovery
  6. Necessity - private and public
39
Q

Consent can be ____ or _____ and is invalid if used under false pretenses, fraud, or misrep

A

Express

Implied

40
Q

Implied consent is sufficed by ____ or ____. Or in cases of _______ circumstances (medical care).

A

conduct

custom

emergency/ exigent (life is threatened requiring care)

41
Q

What is the most important factor argued over with Consent?

A

= SCOPE of what was consented to

ex: football player and coach contact

42
Q

Who is deemed to not have CAPACITY to consent?

A

Incompetents
Drunken persons
Very young children

43
Q

What are the Elements of Self-Defense?

A
  1. Reasonable belief of danger to prevent a tort
  2. Reasonable and Proportionate Force against injury to prevent harm
  3. Privilege stops when no longer a threat
44
Q

Self-Defense is not availabe to the initial aggressor, however, if the aggressor may use deadly force under what circumstances?

A

the other person initiated deadly force when aggressor only used non-deadly force

45
Q

If in the course of reasonably defending himself, one accidentally injures a bystander, they are protected or not protected by self-defense?

A

protected

However, if the person used the bystander on purpose to protect himself, he can not invoke self-defense

46
Q

What are the elements for Defense of Property/chattel?

A
  1. Request to Desist FIRST(unless clearly futile)
  2. Reasonable force limited to preventing trespass to land when in “Hot pursuit”
  3. “Hot pursuit” applies to chattel
  4. Contemporaneous
47
Q

If one is under Defense of Property and then the situation escalates, deadly force is only okay when ?

A

the defense changes to defense of self or others

48
Q

What defense will the shopkeeper invoke ?

A

Defense of property or chattel to justify the tort against them of false imprisonment

49
Q

What are the only torts that Necessity can be used against as a defense?

A

Trespass torts:
Land
Chattel