Intentional Torts
What intentional torts does the Transferred Intent doctrine apply to?
Assault, battery, false imprisonment, trespass
Must a person be physically confined somewhere to have a false imprisonment claim?
No - Harm, danger, disgust, and humiliation that would cause a reasonable person to remain inside a bounded area will also suffice.
What are the elements of Trespass to Land?
(1) D physically enters P's property;
(2) Intent;
(3) Causation
To which intentional torts is Consent a defense?
To all, as long as plaintiff has capacity to consent.
What constitutes "extreme and outrageous" conduct for IIED?
Conduct that "exceeds the bounds of decency" in society; mere insults alone are insufficient.
Can a Battery be accomplished without direct contact from the Defendant to the Plaintiff?
Yes, indirect contact is sufficient, like setting up a trap that will hit the plaintiff/
What are the elements of Assault?
(1) An act by the defendant that creates a reasonable apprehension in the plaintiff
(2) of immediate harmful or offensive contact to P's person
(3) Intent
(4) Causation
Does reasonable mistake negate the intent element required for trespassing on another's property?
No, intent to enter the land alone will suffice even if it's by reasonable mistake. The defendant does not need to know the land belongs to someone else.
What are the 3 requirements for self defense/defense of others/ defense of property?
(1) Reasonable belief that a tort is being or about to be committed;
(2) Tort must be in progress or imminent;
(3) "Reasonable Force" - i.e. the force must be proportionate to the threat of harm.
What are the elements of an IIED claim?
(1) Extreme and outrageous conduct by D
(2) Severe emotional distress in P
(3) Intent or recklessness
(4) Causation
What is "offensive contact" required for Battery?
Contact that (i) would be considered by a reasonable person and (ii) to which the plaintiff has not consented.
Plaintiff is deemed to have impliedly consented to the ordinary acts of everyday life.
What are the elements of a False Imprisonment claim?
(1) An act or omission by the defendant
(2) Resulting in the plaintiff's confinement or restraint
(3) Plaintiff is confined to a bounded area
(3) Intent
(4) Causation
What is the difference between trespass to chattel and conversion?
They differ in their degrees of interference. A trespass to chattel is a minor interference with the plaintiff's possession or damage to chattel; conversion is a significant interference with the plaintiff's possession or damage that would justify the defendant in paying the chattel's full value.
What are the requirements for a public/private necessity?
(1) The interference with the plaintiff's property must be reasonably necessary to avoid an immediate threatened injury; and
(2) The threatened injury must be more serious than the interference undertaken to avoid it (balancing test)
When may a bystander claim IIED?
When all of the elements for IIED are present (D's intentional or reckless "extreme and outrageous"conduct caused P to suffer severe emotional distress) PLUS
(1) Plaintiff was present at the time
(2) Plaintiff was a close relative OR the distress suffered resulted in bodily harm and
(3) Defendant knew these facts
Explain specific and general intent for an intentional tort.
Specific intent is the intent to bring about the specific harm, general intent is a substantial certainty that tortious conduct will result from the defendant's actions.
What constitutes "reasonable apprehension" for assault?
The plaintiff must be aware of the defendant's act and must have a reasonable expectation that it will result in immediate harmful or offensive contact to the plaintiff's person.
What are the elements of Trespass to Chattel/Conversion?
(1) Defendant intentionally interferes with the plaintiff's right of possession in a tangible personal property (i.e. chattel);
(2) Intent
(3) Causation
(4) DAMAGES
When is the use of force allowed to recapture chattel?
When does a bystander not need to establish the additional requirements of Bystander IIED in order to recover?
When the bystander/plaintiff proves that the defendant had a design or purpose to cause her severe distress.
When does the Shopkeeper's Privilege apply and what are its requirements?
A store may detain a suspected thief if:
(1) The store has reasonable cause to believe a theft occurred;
(2) The store detains the suspect in a reasonable manner for purposes of investigation; and
(3) The detention is reasonable in length and scope.
Are punitive damages available in cases of Intentional Torts?
Only when the tort was committed with malice.
What are the damages recoverable for trespass to chattel vs. conversion?
Trespass to Chattel: Plaintiff can recover the cost of repair or rental value of the chattel.
Conversion: Plaintiff can recover the full FMV at time of conversion, or repossess the chattel (replevin).
When is self-defense available to the initial aggressor?
(1) When the initial threat has terminated or
(2) If the other party responds to non-deadly force with deadly force (i.e. other party uses deadly force)
When can a defendant be liable for IIED for conduct that is not "outrageous" to a reasonable person?
(i) D targets a known weakness or sensitivity of P;
(ii) D's conduct is continuous or repetitive;
(iii) D targets a P who is a member of a fragile class;
(iv) D is a common carrier or innkeeper