Intentional

Question 1

Elements of Intentional Torts

Answer 1

1. Intent
2. Act
3. Causation
4. Injury

Question 2

Types of Intent

Answer 2

1. Specific intent

2. General intent

Question 3

Which is significant in determining an intentional tort: intent to act or intent to do harm?

Answer 3

Intent to ACT (good faith or mistake do not negate intent)

Question 4

General requisite age to be held liable for intentional tort.

Answer 4

5 or above

Question 5

Are mentally ill people liable for intentional torts?

Answer 5

Yes

Question 6

Eggshell Skull Plaintiff Rule

Answer 6

D is liable for P’s unforeseeable and uncommon physical consequences caused by D’s negligent or intentional act

Question 7

Transferred Intent Doctrine

Answer 7

When D intends any 1 of 5 torts and accomplishes technical injury for any 1 of 5 torts, intent is established, regardless of whether caused tort was intended or whether injured plaintiff was intended.

Question 8

Torts under TID

Answer 8

1. Battery
2. Assault
3. False imprisonment
4. Trespass to land
5. Trespass to chattel

Question 9

Voluntary

Answer 9

Willed by one’s brain

Question 10

Causation

Answer 10

Act must have caused the injury

Question 11

Assault Technical Injury

Answer 11

Imminent apprehension of harmful or offensive contact

Question 12

Battery Technical Injury

Answer 12

Harmful or offensive contact

Question 13

False Imprisonment Technical Injury

Answer 13

Confinement within a bounded area that P either knows about or is harmed by

Question 14

Intentional Infliction of Emotion Distress Technical Injury

Answer 14

Severe emotional distress

Question 15

Trespass to Land Technical Injury

Answer 15

Entry onto P’s real property

Question 16

Trespass to Chattel Technical Injury

Answer 16

Intermeddling with P’s personal property

Question 17

Conversion Technical Injury

Answer 17

Dispossession or actual damage to P’s property

Question 18

Types of Intentional Torts

Answer 18

1. Battery
2. Assault
3. False imprisonment
4. Intentional infliction of emotional distress
5. Trespass to land
6. Trespass to chattel
7. Conversion

Question 19

Battery Elements

Answer 19

1. D’s intentional act
2. that causes harmful or offensive contact
3. to P

Question 20

Harmful contact

Answer 20

Bodily contact resulting in physical impairment, physical pain, or illness

Question 21

Offensive contact

Answer 21

Bodily contact offending a reasonable sense of personal dignity

Question 22

Bodily contact

Answer 22

Can include anything so connected with P’s body as to be customarily regarded as part of P’s person (ex., clothing, cane, plate P is holding)

Question 23

Assault Elements

Answer 23

1. D’s intentional act
2. that causes reasonable apprehension
3. of imminent
4. harmful or offensive contact

Question 24

Apprehension (Assault)

Answer 24

Belief that D’s act is capable of immediately inflicting contact upon P unless something further occurs (NOT FEAR)

Question 25

Insufficient apprehension of harmful or offensive contact (Assault)

Answer 25

1. Threatening words alone | 2. Threatening words that negate imminence (granting future harm)

Question 26

Ability of D to create imminent harmful or offensive contact (Assault)

Answer 26

Apparent ability, not actual ability, must be shown

Question 27

False Imprisonment Elements

Answer 27

1. D's intentional 2. restraint of P 3. that confines P within bounded area 4. while P is conscious of confinement or suffers some harm from it

Question 28

Sufficient restraint (False imprisonment)

Answer 28

By physical barrier, force, or immediate apprehension of harm against a person or third party

Question 29

Insufficient restraint (False imprisonment)

Answer 29

Moral persuasion or moral pressure

Question 30

Insufficient confinement (False imprisonment)

Answer 30

P has knowledge of reasonable means of escape

Question 31

Intentional Infliction of Emotional Distress Elements

Answer 31

1. D's intentional or reckless act 2. that causes P severe emotional distress 3. Because of D's extreme and outrageous conduct

Question 32

Sufficient for intentional or reckless act (Intentional Infliction of Emotional Distress)

Answer 32

D must have knowledge of P's presence

Question 33

Does the Transferred Intent Doctrine apply to IIED?

Answer 33

No

Question 34

Trespass to Land Elements

Answer 34

1. D's intentional 2. entry or interference with P's exclusive possession 3. of P's land 4. without P's permission

Question 35

Permission limits (Trespass to land)

Answer 35

Can be limited by time, area, and purpose--considered TTL as soon as permission expires

Question 36

Is harm required for physical trespass in TTL?

Answer 36

No

Question 37

Is harm required for non-physical trespass in TTL?

Answer 37

Yes

Question 38

Nominal damages permitted for physical trespass? (TTL)

Answer 38

Yes

Question 39

Are nominal damages permitted for non-physical trespass? (TTL) Give an example of non-physical trepass.

Answer 39

No, pesticide

Question 40

Trespass to Chattel Elements

Answer 40

1. D's intentional 2. intermeddling with P's use or possession 3. of P's personal property 4. that causes P some injury or damage

Question 41

Intermeddling (Trepass to chattel)

Answer 41

1. Dispossession OR 2. Actual impairment of condition, quality, or value OR 3. Deprivation of chattel's use for substantial time

Question 42

Trespass to Chattel Damages

Answer 42

1. Actual/compensatory | 2. Punitive

Question 43

Conversion Elements

Answer 43

1. D's intentional 2. EITHER substantial interference with P's ownership or use OR unjustifiable and unwarranted dominion over P's personal property 3. where injury to P results

Question 44

Property (Conversion)

Answer 44

Typically physical with non-physical exceptions

Question 45

Examples of non-physical property (Conversion)

Answer 45

1. Literary property 2. Scientific invention 3. Trade secrets

Question 46

If a seller sells converted property to a buyer, who is liable?

Answer 46

Both

Question 47

What does P's exclusive possessory interest in his land include?

Answer 47

1. Surface 2. Space upward within reasonable limits 3. Space downward within reasonable limits

Question 48

What does the law infer in physical trespass to land?

Answer 48

Some damage, if nothing more than treading down of the grass

Question 49

Which intentional torts allow nominal damages?

Answer 49

1. Assault 2. Battery 3. False imprisonment 4. Trespass to land (physical only)

Question 50

Which intentional torts never allow nominal damages/require actual damage?

Answer 50

1. Trespass to chattel 2. Conversion 3. Intentional infliction of emotional distress

Question 51

Which two types of damages are allowed for all intentional torts?

Answer 51

1. Actual/compensatory | 2. Punitive

Question 52

How do you calculate actual damages for conversion?

Answer 52

Full market value of chattel at time of conversion