Intentional Torts

What is the general prima facie case for all intentional torts?

(1) intent;

(2) act;

(3) causation

What defense is not available for intentional torts?

Lack of capacity is never a defense for intentional torts.

How is intent generally defined?

Defendant must have had the desire to bring about the forbidden consequences; defendant does not need to intend the specific injury.

When does the Transferred Intent doctrine apply?

The doctrine of transferred intent applies when the defendant intends to commit a tort but instead: (1) commits a different tort against that person; (2) commits the same tort as intended but against a different person; or (3) commits a different tort against a different person.

What intentional torts does the transferred intent doctrine not apply to?

IIED and Conversion

How is causation established for intentional torts?

Causation is satisfied when the defendant’s act was a substantial factor in bringing about the injury.

What are the elements of battery?

(1) harmful or offensive contact;

(2) with the plaintiff’s person;

(3) intentionally;

(4) caused by the defendant.

For a battery, when is a contact considered offensive? When is consent implied

Contact is considered offensive only if it would be considered offensive to a reasonable person, unless the defendant knew of the plaintiff’s hypersensitivity. Consent is implied for ordinary contacts for everyday life.

What are the elements of assault?

(1) reasonable apprehension;

(2) of an immediate battery;

(3) intentionally;

(4) caused by the defendant.

How is apprehension defined?

Apprehension means awareness of the act, not fear.

What is the effect of verbal threats on an assault?

Words alone are not enough; it must be coupled with some conduct. However, words can negate reasonable apprehension.

What are the elements of false imprisonment?

(1) Intentional act or omission;

(2) to confine or restrain plaintiff;

(3) to a bounded area;

(4) caused by the defendant.

Confinement or restraint include:

(1) physical barriers;

(2) physical force directed against the plaintiff, immediate family, or personal property;

(3) direct threats of force;

(4) indirect or implied threats of force;

(5) failure to release the plaintiff when under a legal duty to do so;

(6) invalid use of legal authority.

What are insufficient acts of confinement or restraints?

(1) moral pressures;

(2) future threats.

Does plaintiff have to know about the confinement for false imprisonment?

Generally, yes, unless she suffers physical injury.

How is bounded area defined for false imprisonment?

There must be no reasonable means of escape (Hint: Don’t get confused with plaintiff being able to escape after a short time)

What are the elements of IIED?

(1) intentional or reckless conduct;

(2) that is extreme and outrageous; and

(3) that causes the plaintiff to suffer severe emotional distress.

What kind of conduct is considered extreme and outrageous?

Conduct is extreme and outrageous if it transcends all bounds of decency. Conduct that is not usually extreme and outrageous may become so if: (1) it is continuous in nature; (2) committed by a certain type of defendant (common carriers or inkeepers); or (3) directed toward a certain type of plaintiff (minors, elderly, pregnant women, or hypersensitive adults if known to D).

Can a bystander bring an IIED claim?

A bystander can bring an IIED claim if: (1) they were present when the injury occurred; (2) the distress resulted in bodily harm or the plaintiff is a close relative of the third person; and (3) the defendant knew these facts.

What are the elements of trespass to land?

(1) intent to enter land;

(2) that causes;

(3) physical invasion of plaintiff’s real property.

What are the elements of trespass to chattel?

(1) intentional act;

(2) that causes;

(3) an interference with the plaintiff’s right of possession in chattel.

What if defendant mistakenly believes that the chattel belonged to him?

It does not matter. Mistaken belief is no defense to trespass to chattel. Intent to do the act is all that is required.

What are the elements of conversion?

(1) intentional act;

(2) that causes

(3) a serious interference with the plaintiff’s right of possession.

What are the remedies for conversion?

Either: (1) damages for the fair market value at the time of the conversion or (2) replevin.

What are the defenses for intentional torts?

(1) consent;

(2) self defense;

(3) defense of others;

(4) defense of property;

(5) public necessity;

(6) private necessity.

When is consent invalid?

(1) plaintiff lacked capacity to consent;

(2) consent was induced by fraud if it goes to an essential matter, not a collateral one;

(3) consent was induced by duress unless the duress is only threats of future action or future economic deprivation; OR

(4) plaintiff was mistaken and defendant knew and took advantage of the mistake;

What are the different types of implied consent?

(1) apparent consent;

(2) consent implied by law.

What is apparent consent?

Apparent consent is that which a reasonable person could infer from custom or usage.

What is consent implied by law?

Consent implied by law arises when action is necessary to save a person’s life or some other important interest in person or property.

When could defendant be liable even if consent was valid?

Defendant could be liable for an intentional tort if he exceeded the scope of his consent.

What must be established for self-defense to protect against liability?

Self-defense applies if: (1) the person reasonably believes that they were about attacked and (2) the force they used was reasonable.

What is the majority and the minority retreat rules?

Under the majority rule, there is no duty to retreat. Under the minority rule, there is a duty to retreat before using deadly force if it can be done safely, unless in ones home.

What are the self-defense rules if the defendant was the initial aggressor?

If the defendant was the initial aggressor, self-defense is not available unless the plaintiff responded to defendant’s nondeadly force with deadly force.

When is deadly force allowed in self-defense?

Deadly force for self-defense is allowed if the defendant reasonably believed that serious bodily injury was imminent.

When is defense of others available?

When the defendant reasonably believed that the person they were defending would have been able to use such force in self-defense.

When is defense of property available?

Defendant may use reasonable force to prevent the commission of a tort against their real or personal property. However, defendant must first request a desist unless it clearly would be futile or dangerous. This defense does not apply if the tort about to be committed is privileged or already occurred.

Can deadly force be used in defense of property?

No, deadly force may never be used solely to defend property.

What is the shopkeepers privilege?

Shopkeepers are privileged to detain suspected shoplifters if: (1) they reasonably believed that plaintiff was shoplifting; (2) the detention was conducted in a reasonable manner; and (3) the detention was only for a reasonable period.

When is necessity defense available? What are the types of necessity?

Necessity is available when it is reasonably and apparently necessary in an emergency to avoid injury when the threatened injury is substantially more serious than the tort committed to avert it. There are two types: (1) public necessity and (2) private necessity.

When is public necessity available?

Public necessity is available if the defendant acted to avert an imminent public disaster.

When is private necessity available?

Private necessity is available when the action is to prevent a serious harm to a smaller number of people. However, defendant must pay for any injury they caused unless the act was to benefit the property owner.