Checklist

Question 1

What are the three intentional torts that fall under injury to the body?

Answer 1

Assault, battery, false imprisonment

Question 2

What are the two extra considerations for false imprisonment?

Answer 2

• if the plaintiff was aware of the confinement or actually harmed by it
• if there was a reasonable means of escape

Question 3

What are the two intentional torts for injury to the emotions?

Answer 3

Distress associated with a tortious injury, and IIED

Question 4

If emotional distress is associated with the separate tortious injury to the plaintiff’s body, how is recovery gotten?

Answer 4

Under the separate tort

Question 5

What are the two major categories of intentional torts to property?

Answer 5

Real property and personal property

Question 6

What are the two major intentional torts to real property?

Answer 6

Trespass to land and nuisance

Question 7

What are the two types of nuisance?

Answer 7

Private and public

Question 8

What are the two types of personal property torts?

Answer 8

Conversion and trespass to chattels

Question 9

What is the extra consideration that needs to be taken for conversion and trespass to chattels?

Answer 9

If there’s an available remedy

Question 10

What are the four different privileges and defenses to intentional torts?

Answer 10

• consent
• self-defense/defense of others/defense of property
• authority
• necessity

Question 11

What are the two different types of consent?

Answer 11

Express and implied

Question 12

What are the extra considerations that need to be taken when discussing consent?

Answer 12

DIMSFIM

• lack of capacity
• fraud
• duress
• mistake
• exceeding the scope

Question 13

What are the major things to hit for defense of self and others?

Answer 13

• if there is a reasonable belief
• if reasonable force was used
• if the attack was imminent
• if it was unprivileged

Question 14

What are the two major things to hit for defense of property?

Answer 14

• reasonable force

- if you’re recovering personal property you must first make a demand of return

Question 15

What are the three types of authority that count as a defense to intentional torts?

Answer 15

• privilege to arrest
• shopkeeper’s privilege
• discipline

Question 16

What are the special rule considerations for negligence?

Answer 16

• violation of a criminal statute
• increased knowledge or skills
• higher duty of care
• owner or occupier of land
• guest statutes
• only mental distress

Question 17

If Defendant violated a criminal statute in negligence, what are the three things that have to be discussed?

Answer 17

• class
• type
• no excuse

Question 18

If D engaged in an activity on his land and injured another, what duty is owed?

Answer 18

Duty of due care

Question 19

If the plaintiff was a trespasser, what is the general duty owed?

Answer 19

No duty, unless exceptions apply

Question 20

What are the two exceptions to the no duty rule for trespassers?

Answer 20

• Known or frequent trespassers

- Child trespassers

Question 21

If the defendant is a landlord, what are the three duties that apply to him?

Answer 21

• duty to the tenant
• duty to a third person on the land
• duty to a third person off the land

Question 22

What are the three major checklist categories of intentional torts?

Answer 22

• injury to the body
• injury to emotions
• injury to property