Torts Ii - Torts 1 Review Of 7 Types Of Intentional Torts

Front 1

7 Intentional Torts:

Back 1

Battery
Assault
False Imprisonment
Intentional Infliction of Emotional Distress
Conversion
Tresspass to Land
Trespass to Chattels

Front 2

Battery:

Back 2

An Actor is subject to liability to another for battery if:
(1) she acts intending to cause a harmful or offensive contact with the person of another or a 3rd person,
or an imminent apprehension of such contact, and
(2) an offensive contact with the person of the other directly or indirectly results.

Examples:
D intentionally knocks a hat off the P's head
D whips a horse that the D is riding
D kicks the cane which P uses to support herself
D kisses someone without consent.
When Dr. exceeds scope of consent; i.e. does surgery on different part

Front 3

Assault:

Back 3

An Actor is subject to liability to another for assault if:
(1) he acts intending to cause harmful or offensive contact with the person of another, or a 3rd person,
or an imminent apprehension of such contact, and
(2) the other person is thereby put in such imminent apprehension.

Hint 3

Examples:
D tells P "Next time we meet, I am going to punch you in the mouth." (No assault has occurred because A's threat lacks imminency. The apprehension created must be obe of imminent contact, as distinguished from one in the future.

A tells B, "I am going to punch you in the mouth." No assault has occurred because words alone are insufficient unless accompanied by some overt act.

It is not necessary that the plaintiff be placed in fear; reasonable apprehension suffered but the plaintiff will suffice.

Note, however, that the D's actions to cause the do cause the P to suffer fear, recovery is allowed, as fear is a more grevous form of mental anxiety than mere apprehension.

Front 4

False Imprisonment:

Back 4

False Improsonment occurs where the D intentionally confines (either physically or by overcoming the P's will) the P to a definable area from which there is no reasonably apparent means of escape.

Hint 4

The actual confinement need exist only for a moment.

The P must have been aware fo the confinement (i.e., lockign someone in a room while they are sleeping, but reopening the door before he awakes, would not constitute false imprisonment.

Front 5

Intentional Infliction of Emotional Distress:

Back 5

One who by extreme and outrageous conduct intentionally or recklessy causes severe emotional distress to another is subject to liability for such emotional distress,
and if bodily harm to the other person results from it, for such bodily harm.

Hint 5

Whether the defendant's conduct is "outrageous" is determined by an objective standard (i.e., would a reasonable person in the P's position suffer severe emotional distress as a consequence of the D's conduct.). However, where the D is aware that the P has a particular sensitivity to the conduct involved, liability will attach (i.e. intentionally breaking a vase which the D knows has great sentimental value to the P). P does not have to show physical manifestations of his distress (i.e., nausea, vomiting, shock).

Front 6

Conversion:

Back 6

COnversion is an intentional exercise of dominion or control over chattel which seriously interferes with the right of another to control it.

Hint 6

Example: D borrows P's car to go to the store, but then decided to use it for a 3 day trip. D has committed conversion because D used the item in a manner which substantially deviated from the authority bestowed upon him.

The D is liable for the fair value of the item, even if D is willing to return it.

It is possibel for a single item to be converted several times. A steals B's watch, resells it to C (an innocent purchaser), who in turn gives it to D as a B-day present. A, C, and DF have each converted B's watch. However, B is entitled only to a single recovery.

Front 7

Trespass to Chattels:

Back 7

A trespass to chattels occurs when a D intentionally dispossesses, uses, or intermeddles with, in a minor or nonsubstantial way, the personal property of another.

Hint 7

P moves D's flower pot from one side of the door to the other. P probably not laible to D (a mere intermeddling not not enough).

X mistakenly repossesses Y's car, believing it belongs to Z (who is delinquent in his payments to X). Even though X discovers the mistake and returns the car within an hour, X is liable to Y for at least nominal damages (i.e., the value of the car's use for one hour).
The measure of damages for Trespass to chattels is teh actual amount of damages caused by the tortious conduct or the value of the loss of use.

Front 8

Trespass to Land:

Back 8

A trespass to land occurs when the D intentionally enteres the land of another or casts a thing or object onto someone else's property without permission. It is important to note that a trespass consists of intrusions upon, beneath (subterranean) or above (aerial) the surface of the land.
For intentional entries no damage to the land is necessary.
Also, if the D negligently or recklessly enters the land of another he/she is liable for trespass but only if there is damage to the land.

Hint 8

Example:
X is driving his car drunk and loses control of the car. X's car jumps a curb and overturns on Y's front lawn. X is liable for trespass.

No liability for trespass for accidental entries that are non-negligent and uinintentional.
The intent to enter upon the P's land is sufficient for a trespass action.
Mistake as to ownership i sno defense.

Front 9

Transferred Intent:

Back 9

Transferred intent exists in certain cases where the D intents tortious conduct against one party, but the resulting harm is caused upon another party.
In these instances, irrespective of the motive, the D's intent is said to be transferred from the intended party to the party actually harmed.

Hint 9

The transferred intent doctrine has applied to 5 of the intentional torts: assault, battery, false imprisonment, trespass to land and trespass to chattels.

Front 10

Intent (General)

Back 10

It refers to either a person's desire that certain consequences result from his actions, or, even if he doesn't intend those results, his knowledge that those results are substantially certain to occur as a result of his actions.

Hint 10

A person can have the intent necessary for an intentional tort even though he does not desire to "harm" the victim, and does not have a hostile intent.