Torts 1

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Torts 1
2010-06-10 23:09:18
Intentional Torts

Torts 1 - Intentional Torts
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  1. Intention
    • ∆ desires, wants, or wishes to produce the legally forbidden act
    • Insufficient—Voluntary act w/o intention
    • Transferred intent
  2. Battery : Elements
    • ∆ commits a harmful or offensive contact,
    • with π's person
  3. Battery : Timing Issues
    Harmful/Offensive contact need not occur instantaneously (e.g., time bombs, poison)
  4. Assault : Elements
    • ∆ places π in a reasonable apprehension of
    • an immediate battery
  5. Assault : Elements : Reasonable Apprehension?
    • Belief that ∆ is capable of carrying-out a battery
    • Belief that a battery is imminent

    How the bar exam will try to trick you: (i) David-and-Goliath, or (ii) the "unloaded gun" problem
  6. Assault : Elements : Imminent Battery?
    • Must have menacing conduct/gestures
    • Mere words alone lack immediacy
    • But, words could negate ostensibly menacing gestures (e.g., "if you weren't my friend, I'd punch you")
  7. False Imprisonment : Elements
    • ∆ commits an act of restraint
    • π is confined to a bounded area
  8. False Imprisonment : Elements : Act of Restraint?
    Three frequently encountered situations

    • Threats (person of ordinary sensitivity), or
    • Omission of duty, where ∆ is obliged to help π move around (e.g., physically disabled), AND
    • π knows about the restraint or is harmed by it
  9. False Imprisonment : Elements : Bounded Area?
    Not in a bounded area if . . .

    • Reasonable means of escape, and
    • Means of escape can reasonably be discovered

    Note: Escape is not reasonable if it is dangerous, disgusting, humiliating, or hidden
  10. Intentional Infliction of Emotional Distress : Elements
    • Outrageous conduct, and
    • π must suffer severe distress
  11. IIED : Elements : Outrageous?
    "Conduct exceeds all bounds of decency tolerated in a civilized society." Consider the following . . .

    • Conduct is continuous and repetitive
    • ∆ is a common-carrier or inn-keeper
    • π is a member of a fragile class of persons (e.g., children, elderly pregnant women, hate-speech)

    Note: Mere insults, without more, are not outrageous/actionable
  12. IIED : Elements : Severe Distress?
    Severe Distress ≠ "mildly" annoyed, irritated, or chagrined
  13. IIED : Elements : Intent?
    Although an "intentional" tort, the ∆ need not have acted intentionally (i.e., with the desire, wish, or want to bring about emotional distress). Reckless behavior can satisfy the "intent" requirement.
  14. Trespass to Land : Elements
    • ∆ commits an act of physical invasion by a voluntary act, and
    • π must be a possessor of land
  15. Trespass to Land : Elements : Voluntary Act?
    How the bar exam could trick you—Intent vs. Voluntary Act

    • Focus: Did ∆ want/intend to get to a particular location through a voluntary act?
    • Note: ∆'s knowledge (or intention) of whether he/she actually crossed a boundary line is irrelevant
  16. Trespass to Land : Elements : Physical Invasion?
    Intangible forces (e.g., shining lights, loud noises, smells) ≠ Physical Invasion
  17. Trespass to Land : Elements : Possessor of Land?
    Note that π must actually be in possession of land. (Ownership is irrelevant, possession is the focus)
  18. Trespass to Chattels : What is it?
    Modest interference with enjoyment of personal property—for example . . .

    • deliberate damage (keying your car),
    • temporary theft (unauthorized "borrowing")
  19. Trespass to Chattels : Recovery?
    • Fair rental value
    • Cost of repair
  20. Conversion : What is it?
    Significant interference with the enjoyment of personal property—such as . . .

    • Significant destruction/alteration of car
    • Permanent theft
  21. Conversion : Recovery?
    Special Remedy—π can recover full market value (not just rental or repair)

    Note: a bona fide purchaser for value cannot be a converter