Torts 1

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Author:
twiggy924
ID:
26386
Filename:
Torts 1
Updated:
2010-07-11 20:42:32
Tags:
Intentional Torts
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Description:
Intentional Torts
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  1. Transferred intent
    So long as ∆ desires to produce any forbidden consequence, he will be liable if anything happens.
  2. Battery : Elements
    • (1) ∆ commits a harmful or offensive contact,
    • (2) Contact must be with π's person

    • Person includes anything π is holding.
    • ∆ need not use his own body to effectuate the contact, just needs to cause it or set it in motion.
  3. Assault : Elements
    • (1) ∆ places π in a reasonable apprehension of
    • (2) Apprehension must be of an immediate battery.

    There must be conduct. Words alone insufficient.
  4. Assault: What is 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
  5. Assault: What is 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")
  6. False Imprisonment : Elements
    • (1) ∆ commits an act of restraint
    • (2) π is confined to a bounded area
  7. False Imprisonment: What is an Act of Restraint?
    Only counts if π knows about the restraint or is harmed by it

    • Frequently encountered situations:
    • (1) Threats (person of ordinary sensitivity), or
    • (2) Omission of duty, where ∆ has a pre-existing obligation to help π move around (e.g., physically disabled).
  8. False Imprisonment: What is a Bounded Area?
    An area is bounded only if π's freedom of movement is limited in ALL directions.

    • Not in a bounded area if . . .
    • (1) Reasonable means of escape, and
    • (20 Means of escape can reasonably be discovered

    Note: Escape is not reasonable if it is dangerous, disgusting, humiliating, or hidden
  9. Intentional Infliction of Emotional Distress: Elements
    • (1) ∆ must engage in outrageous conduct; and
    • (2) π must suffer severe distress

    • Outrageous conduct = "Conduct exceeds all bounds of decency tolerated in a civilized society."
    • Severe Distress ≠ "mildly" annoyed, irritated, or chagrined
    • Reckless behavior can satisfy the "intent" requirement.
  10. 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
  11. Trespass to Land : Elements
    • (1) ∆ commits an act of physical invasion by a voluntary act, and
    • (2) π must be a possessor of land. (Ownership is irrelevant.)

    • Intent = ∆ wanted/intended 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.
  12. Trespass to Chattels: Definition
    Modest interference with enjoyment of personal property—for example . . .

    • Deliberate damage (keying your car),
    • Temporary theft (unauthorized "borrowing")
  13. Trespass to Chattels : Recovery?
    • Fair rental value
    • Cost of repair
  14. Conversion : What is it?
    Significant interference with the enjoyment of personal property.
  15. 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

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