Upgrade to remove ads
Only $35.99/year

Intentional Torts

Terms in this set (28)

Elements of Intentional Tort
Must prove all:
1. Intent
2. Act
3. Causation
4. Injury
Intent must be:
Specific intent- desiring to bring about the injury the particular tort seeks to protect against = D's purpose is to bring about a legally
forbidden consequence (e.g. for battery, a harmful or offensive contact)

General intent- Knowing to a substantial certainty that the
injury the particular tort seeks to protect against will result (i.e., D knows with "substantial certainty" that a legally forbidden consequence will result from D's action)

-requires not showing of malice
Act must be:
voluntary- act willed by one's brain
Intentional torts for children
- Minor children are responsible for their intentional torts just like adults

- This normally applies to children that are FIVE OR OLDER! Any younger is unable to possess requisite intent to commit tort
Eggshell Skull Plaintiff Rule
Defendant is liable for Plaintiff's unforeseeable and uncommon physical consequences caused by D's negligent or intentional act.

Defendant is liable for ALL resulting damages, regardless of how unforeseeable they are.
Transferred Intent Doctrine
when a defendant intends any 1 of the 5 specified intentional torts, intent is established, whether intended for the plaintiff or another person

-Intent may be established even when the precise injury accomplished is not the one intended by the defendant.

-Applies to Battery, Assault, False imprisonment, Trespass to land, Trespass to Chattel.
Battery
A battery is (1) an intentional act by Defendant (2) that causes
harmful or offensive contact (3) to the person of another
Harmful Contact
bodily contact resulting in "any physical impairment of the condition of another's body, or physical pain or illness
Offensive Contact
bodily contact offending a reasonable sense of personal dignity.
Damges for battery
Nominal damages are permitted.

Mental damages are recoverable in the case of willful battery, without the necessity to show an actual physical injury.
Assault
Elements of assault: An assault is (1) intentional act by D (2) that causes a reasonable apprehension in P (3) of imminent (4) harmful or offensive contact(battery)
False Imprisonment
False imprisonment- is (1) Defendant's intentional (2) restraint of Plaintiff (3) that results in the confinement of Plaintiff with a bounded area wherein (4) Plaintiff is conscious of the confinement or suffers some harm of it
Damages for false imprisonment
compensatory damages, punitive damages, and nominal damages.

You CAN recover for emotional suffering.
Summary of False Imprisonment
- Intent- defendant must have intent to confine or must act despite a substantial certainty that confinement will result

-Restraint can be physical barriers, force, or immediate threat against person or 3rd party

-Person may be falsely imprisoned by threats of force against another or valuable property
Intentional Infliction of Emotional Distress
is (1) Defendant who intentionally or recklessly (2) causes a plaintiff severe emotional distress (3) due to the defendant's extreme and outrageous conduct.
Damages for IIED
Showing of actual damages is required

You cannot recover nominal damages
What standard is used in determining whether the plaintiff should recover from severe emotional distress?
Objective standard.

Unless the defendant knows of sensitivity is plaintiff
Trespass to Land
is (1) Defendant's intentional (general or specific) (2) entry or interference with Plaintiff's exclusive possession (3) of plaintiff's land (4) without the plaintiff's permission.
Damages for Trespass to land
Nominal damages are allowed.

damage is assumed even if it's crushing blade of grass.
Non-physical trespass
"Actual and substantial damages" are required.

Example: Spraying herbicide which travels to neighbors land and kills plants
Nuisance
a substantial and unreasonable interference with the use and enjoyment of one land.

Actual damages are required. No nominal damages for a nuisance action
Trespass to Chattel
Trespass to Chattel is (1) Defendant's intentional (2) interference with plaintiff's use or possession (3) of plaintiff's personal property (4) that causes Plaintiff some injury or damage
Trespass to chattel is intentionally intermeddling (interfering) with the possession of another's chattel by causing
1. Dispossession of the chattel or

2. Actual impairment of the condition, quality, or value of the chattel or

3. Deprivation of the chattel's use for a substantial amount of time.
Damages for Trespass to Chattel
No nominal damages for trespass to chattel

measures of damages is the diminution of value of the chattel or repair cost to the chattel.
Conversion
Conversion is (1) defendant's intentional (2) substantial interference with plaintiff's ownership, use, or right of possession of plaintiff's personal property or unjustifiable and unwarranted dominion and control over the plaintiff's personal property (3) wherein injury to the plaintiff results.
Damages for Conversion
full market value
what information is contained in a document that may be protected by conversion law?
Literary property, scientific innovation, or secret plans for the conduct of commerce.
Technical injuries for intentional torts
-Battery- harmful or offensive contact

-Assault- reasonable apprehension of imminent battery

-False imprisonment- confinement to a defined (bounded) area

-IIED- severe emotional distress

-Trespass to Land- entry into real property

-Trespass to Chattel- intermeddling or disposition of personal property

-Conversion- substantial interference with or destruction of personal property.
Sets with similar terms