Intentional Torts Generally
An act, intent, and causation
What are the three general elements of intentional torts?
In this tort, the defendant must make harmful or offensive contact with another person or something connected to that person.
What is battery?
Express and Implied
What are the two types of consent?
Trespass to Chattels, Conversion, & Trespass to Land.
What are the three intentional torts for property?
Nominal, actual, and/or punitive
What are the damages for Trespass to Land?
*No proof of actual damages is required.
When the defendant acts with purpose of causing the consequences of the act OR knowledge that the consequence is substantially certain to result from the act, he acts with this mindset
When does the defendant act intentionally?
Reasonable apprehension of an imminent harmful or offensive bodily contact is an element of this intentional tort.
What is assault?
Deadly force can never be used in this situation
What is defense of property
(1)intentionally acts to cause a
(2) physical invasion of the land of another person
What are the elements for Trespass to Land?
Note:The defendant does not need to know that the land belongs to someone else; the only intent required is the intent to enter the land itself.
Usage & Harm/Repair are damages for this intentional tort.
What are the damages for Trespass to Chattels?
A person who intends to commit an intentional tort against a plaintiff will still be liable if she instead commits:
1. A different tort on the same person
2. The intended tort on a different person
3. A different tort on a different person
What is transferred intent?
1. Intentional confining or restraining of another person within boundaries fixed by the defendant
2. With no reasonable means of escape
3. while the plaintiff is aware of the confinement or the plaintiff is harmed by the confinement
What are the elements of false imprisonment?
Detention of a suspected shoplifter is not false imprisonment as long as the detention is reasonable in both duration and manner according to this doctrine
What is shopkeeper's privilege
(1) intentionally commits an act
(2) depriving the plaintiff of possession of her chattel or
(3) interfering with the plaintiff’s chattel in a manner so serious as to deprive the plaintiff of the use of the chattel
What are the elements for conversion?
Note: The defendant interferes with the chattel by exercising dominion or control over it.
A privilege asserted when a person entered or interfered with someone else’s property in order to prevent injury that is substantially more serious than the trespass or interference.
What is Private Necessity?
Note: The privilege applies if the interference was reasonably necessary to prevent a threatened injury from nature or another force not connected with the plaintiff.
Damages: Actual Damages Only
IIED and Conversion are NOT subject to this doctrine
What is transferred intent
Extreme and outrageous conduct is an element of which intentional tort.
What is IIED?
When the victim has a reasonable belief that the defendant's force sufficient to cause serious bodily injury or death, they can use this kind of force
What is deadly force
(1)intentionally interferes with the plaintiff’s right of possession
(2)by either dispossession or
(3)intermeddling
What is Trespass to Chattels?
Note: Trespass to chattels requires actual harm to the chattel or deprivation of the use of the chattel for a substantial time. The defendant does not need to know that the chattel belongs to the plaintiff, or that the plaintiff’s rights are being violated.
This defense provides that private property may be entered or even destroyed when necessary to protect a large number of people from public disasters, such as fires or disease.
What is Public Necessity?
Note: As long as the defendant acts reasonably, she is not liable for any damage to the property.
Damages: No damages if act was reasonable
A defendant need not have predicted or foreseen the extent of the damages in order to be held liable for them under this rule.
What is the eggshell plaintiff rule?
If Valerie Victim's sister is standing by the road, and Donna Defendant knows it, and Donna beats Valerie up, Valerie's Sister could sue Donna for this.
What is bystander liability?
In situations where the victim does NOT reasonably believe that the defendant's force is going to cause serious bodily injury or death, they can use this kind of force to protect themselves or others
What is reasonable force?
Full value at the time of tort are the damages available for this intentional tort.
What are the damages for conversion?
Note: The plaintiff’s damages are the chattel’s full value at the time of the conversion.
BONUS: Barbri 1L Mastery Material
Question 2: An impatient driver who was fed up with jaywalking pedestrians drove straight at one of them, leaning on the horn and intending to make her jump. She did not hear him or change her pace, however, because her music player was turned to full volume. A bystander on the curb rushed out to pull her to safety. She tripped as she was being pulled to the curb, fracturing her kneecap.
If the pedestrian sues the driver for assault, what will be the likely result?
Answer Key: Presenter