Torts Hot Topics

Transferred Intent

Applies when D intends to commit a tort against one person but instead (1) commits a diff tort against that person, (2) comits same tort but against a diff person, or (3) commits a diff tort against a diff person

Battery

P must show 1) a harmful or offensive contact, 2) to P’s person, 3) D’s intent and 4) causation.

Assault

P must show 1) an act by the D which causes reasonable apprehension in P; 2) of immediate harmful or offensive contact to P’s person; 3) D’s intent; and 4) causation.

• Apparent Ability to commit a battery is enoguh to cause reasonable aprehension

  • Words alone lack immediacy but words can destroy immediacy

False Imprisonment

P must show 1) an act of constraint (physical, threat, failure to act); 2) to a bounded area (way out can’t be Dangerous, Disgusting, Humiliating, or Hidden); 3) D’s intent; and 4) causation.

• P must be aware or harmed by confinement.

• P can recover nominal; maybe punitive if malice proven.

IIED

1) extreme and outrageous conduct by D (ex. continuous, committed by common carrier/innkeeper, or directed to certain type of P (kids, elderly, etc.); 2) intent or recklessness; 3) causation; and 4) damages in the form of severe emotional distress

Bystander IIED

P must show 1) P present when injury occurred; 2) P is a close relative to V; and 3) D knew P was present and a close relative.

Trespass to Land

1) a physical invasion of P’s real property; 2) intent (intent to enter onto land is enough); and 3) causation. NOTE: Negligent or reckless entries are only subject to liability if D causes harm to land.

Trespass to Chattel

1) an act by D that interferes with P’s right of possession in chattel; 2) intent; 3) causation; and 4) damages 4) actual damages (can be proven thorough loss of possessory right or damage to chattel)

Conversion

(1) Intentional interference with P’s right of possession (2) so serious that D must pay for chattel’s full value (look to time of possession) (3) intent (4) causation

• Damages → FMV @ time of conversion

• Possession (replevin)

• BFP of chattel may be guilty when chattel has

  been stolen from its true owner.

Defenses to ITs

1. Consent

2. Self Defense

3. Defense of Others

4. Defense of Property

5. Reentry on Land

6. Recapture of Chattel

7. Shopkeepers Privilege

8. Public Necessity

9. Private Necessity

Duty

Duty of care owed to foreseeable plaintiffs in the zone of danger is the amount of care a RPP would exercise acting under similar circumstances, taking into account the person’s superior SKP - skill, knowledge, and physical characteristics.

• Exceptions:

  • Rescuers = foreseeable

  • Special DOC based on CPP (Children, Professionals, and Possessors of Land)

Child DOC

Over 5 = hypothetical child of similar AIE (age, intelligence, or experience)

• Exception: RPP for adult activities

Professional DOC

Same as avg (NOT reasonable) member of professional providing similar professional services

• Custom of profession sets standard of care

Common Carriers

held to high degree of care and liable for even slight negligence if P is a passenger or guest.

Unknown trespassers

No duty owed

Known trespassers

Duty to protect from known, manmade, concealed death trap on thel and

Licensee

Enters land with permission, but without financial benefit to possessor - only duty to warn of or make safe of all known traps (unless they are firefighters)

invitees

enter land with permission for financial benefit of possessor - possessor must protect from all reasonably knowable traps on the land