Flemings - Torts

Question 1

Intentional Torts:

Answer 1

1. Assault
2. Battery
3. False Imprisonment
4. Intentional Infliction Of Emotional Distress
5. Trespass To Land
6. Trespass To Chattel
7. Conversion

Question 2

Defenses:

Answer 2

1. Consent
2. Self Defense
3. Defense Of Others
4. Defense Of Property
5. Discipline
6. Detention For Investigation
7. Legal Authority
8. Reentry Of Land Wrongfully Withheld
9. Necessity (Public)
10. Necessity (Private)
11. Recapture Of Chattel Wrongfully Withheld
12. Entry To Abate A Nuisance

Question 3

Intent defined:

Answer 3

1. Defined:

a. Conscious desire that result will occur or
b. Knowledge that result will occur or
c. Knowledge that result is substantially certain to occur.

Question 4

INTENT: Defendant’s conduct manifested through a

Answer 4

volitional act

Question 5

Transferred intent:

Answer 5

• Originally applied to five intentional torts (Assault, Battery, False Imprisonmen, Trespass to Land and Chattels)
• Modernly limited to Assault, Battery and False Imprisonment

Question 6

Assault:

Answer 6

Elements:

• Intentional
• Placing Of Another In Reasonable Apprehension
• Of An Imminent Harmful Or Offensive Touching
• Without Consent Or Privilege

Question 7

Battery:

Answer 7

The intentional harmful or offensive touching of another without consent or privilege.

Elements:

• Intentional
• Harmful Or Offensive Touching Of Another
• Without Consent Or Privilege

Question 8

False imprisonment

Answer 8

Elements:

• Intentional
• Physical Or Psychological Confinement Of Another
• Within Fixed Boundaries
• For Any Period Of Time
• Without Consent Or Privilege

Question 9

Intentional infliction of emotional distress

Answer 9

Elements:

• Conduct Of An Extreme And Outrageous Nature
• Which Is Calculated To Cause
• And Which Does Cause
• Severe Emotional Distress

Question 10

Trespass to land:

Answer 10

Elements:

• Intentional
• Entry Upon Land
• In Possession Of Another
• Without Consent Or Privilege

Question 11

Trespass to chattel:

Answer 11

Elements:

• Intentional
• Interference With Chattel
• In Possession Of Another
• Without Consent Or Privilege

Question 12

Conversion

Answer 12

Elements:

• Intentional
• Exercise Of Wrongful Dominion And Control
• Over The Chattel Of Another
• Without Consent Or Privilege

Question 13

Consent

Answer 13

Actual, apparent, and implied by law (save a life)

Question 14

Self defense

Answer 14

Reasonable belief of imminent danger and reasonable force used to repel attack.

Question 15

Defense of others

Answer 15

Reasonable force to protect any third person from harm.

Question 16

Defense of property

Answer 16

Non deadly force allowed where the intrusion by the other party is not privileged, where force necessary to terminate the intrusion, and demand is made (unless futile).

Question 17

Discipline

Answer 17

Reasonable force by one in loco parentis with the plaintiff

Question 18

Detention for investigation

Answer 18

a. Reasonable grounds
b. Reasonable amount of time - (thirty minutes?)
c. Reasonable force
d. Reasonable investigation
e. Majority will permit a reasonable mistake

Question 19

Legal authority

Answer 19

a. Felony
b. Misdemeanor

Question 20

Reentry of land wrongfully withheld

Answer 20

a. Majority : No privilege exists to use any force.
b. Minority: Allows reasonable force to regain possession.

Question 21

Necessity (Public)

Answer 21

a. Complete defense (no liability for damages)

Question 22

Necessity (Private)

Answer 22

a. Incomplete defense (D liable for damages)
b. Entry must be reasonable.

Question 23

Recapture of chattel wrongfully withheld

Answer 23

a. Reasonable force permitted to recapture as long as actor is entitled to chattel,
 demand made (unless futile), fresh pursuit.

Question 24

Entry to abate a nuisance

Answer 24

Defendant is completely privileged to invade the land or chattels of another for the purpose of abating a private nuisance created or maintained on the land or chattels of the other, subject to the following conditions: