Intentional Interference with Person or Property

Question 1

What is a single intent?

Answer 1

Plaintiff must prove only that defendant intended to touch plaintiff, resulting in offense or harm (majority)

Question 2

What is a dual intent?

Answer 2

Plaintiff must prove both that defendant intended to cause a bodily contact and to offend or harm plaintiff (minority; CA requires dual intent)

Question 3

Is a person liable when intending to harm someone with unreasonable force?

Answer 3

If a person intends to harm someone, with unreasonable force, under all circumstances, then the person would be doing an unlawful act, thus liable for the injuries caused (Talmage v. Smith)

Question 4

Under battery, what is the intent required?

Answer 4

The intent required is the intent to make contact–it is not the intent to do the act that leads to contact, and it is not intent to harm

Question 5

Under battery, what is sufficient to show contact?

Answer 5

Knowledge with substantial certainty that a contact will occur is sufficient

Question 6

Under battery, what must the contact be?

Answer 6

The contact must be volitional

Question 7

Under battery, what type of contact suffices?

Answer 7

It is sufficient for contact to be made with something closely associated with the plaintiff

Question 8

Under battery, what is the objective test?

Answer 8

The test is what would be offensive to an ordinary person not unduly sensitive as to personal dignity

Question 9

Under battery, what is not required?

Answer 9

Bodily harm is not required

Question 10

Under assault, what is sufficient to place the plaintiff in anticipation of harm?

Answer 10

The defendant’s apparent ability to cause harm can be sufficient

Question 11

Under assault, do you need fear?

Answer 11

No, we need apprehension not fear.

Question 12

Under assault, what does apprehension mean?

Answer 12

Means the person has to feel the apprehension and not learn about it afterward

Question 13

Under the Restatement (Second) of Torts, in addition the physical barriers, how else can false imprisonment be established?

Answer 13

False imprisonment can be accomplished by force, threat of force, duress, or asserted legal authority

Question 14

Under false imprisonment, is moral persuasion sufficient to prove this tort?

Answer 14

No, moral persuasion is insufficient to establish confinement

Question 15

Under false imprisonment, what is sufficient to show confinement?

Answer 15

It is sufficient if the defendant fails to release the plaintiff from a confinement despite owing a duty to do so

Question 16

Under false imprisonment, what is a reasonable means of escape?

Answer 16

If one exit of a room/building is locked with plaintiff inside, but another reasonable means of exit is left open, there is no false imprisonment (the exit must be readily available and a safe means)

Question 17

Under false imprisonment, what is the test for conscious of confinement?

Answer 17

The test is whether the plaintiff was conscious of the confinement as it was happening (failure to remember the confinement after the fact is insufficient to show plaintiff was conscious of the confinement)

Question 18

When can a false arrest arise?

Answer 18

When one is taken into custody by a person who claims but does not have proper legal authority (Enright v. Groves)

Question 19

Under IIED, how severe must the emotional distress be?

Answer 19

The emotional distress must be beyond what a reasonable person could endure

Question 20

Under IIED, what intent must be present?

Answer 20

It is not the intent to do the act that leads to severe emotional distress. It is the intent to cause severe emotional distress upon the plaintiff with the act

Question 21

Under IIED, what is extreme conduct?

Answer 21

Conduct is extreme if it exceeds all possible limits of decency in a civilized society and is especially calculated to inflict severe and emotional distress

Question 22

Under IIED, will mere insults and vulgarities suffice for the conduct element?

Answer 22

No, mere insults and vulgarities will not suffice

Question 23

Under IIED, what needs to be established about the conduct?

Answer 23

The context and manner in which the conduct is directed at the plaintiff is to be established

Question 24

Under trespass to land, does defendant have to intend to harm land?

Answer 24

Defendant does not have to intend to harm land

Harm is not required

Question 25

Under trespass to land, what does the intent only need?

Answer 25

Defendant only needs to intend to do the act that leads to the physical invasion onto the land of another

Question 26

Under trespass to land, what can a physical invasion consist of?

Answer 26

A physical invasion can be:
1. of the airspace above land
2. of the subsurface
3. when someone fails to remove something from the property after consent or privilege to be on the property has been withdrawn

Question 27

Under trespass to chattels, what intent is required?

Answer 27

Only intent to do the act is necessary

The defendant need not intend to interfere

Question 28

Under trespass to chattels, what is sufficient?

Answer 28

1. dispossession (intent to deprive);
2. impairment to the property’s condition, quality, or value;
3. deprivation of use for a substantial period of time
4. bodily harm is caused to the possessor or harm is caused to some person or thing in which the possessor has a legally protected interest

Question 29

Under conversion, what can the chattel consist of?

Answer 29

The chattel can be a document if the contents of the document are capable of causing economic damage-literary property, scientific invention, trade secrets, or info held to be sold

Question 30

Under conversion, in determining the seriousness of the interference, what factors are important?

Answer 30

1. Extent and duration of the actor’s exercise of dominion of control
2. Actor’s intent to assert a right in fact inconsistent with the other’s right of control;
3. Actors good faith
4. Extent and duration of the resulting interference with the other’s right of control
5. Harm done to chattel
6. Inconvenience and expense caused to the other

Question 31

Under revocation of actual consent, what is an exception?

Answer 31

An exception exists when it would be unreasonably burdensome for the defendant to immediately comply with the revocation

*Consent doesn’t apply retroactively

Question 32

Under self -defense, when does it terminate?

Answer 32

When the threat of force upon the defendant no longer exists, the privilege to use self-defense terminates. A defendant may be liable for conduct done in the name of self-defense if there is no immediacy

Question 33

Under self-defense, what justifies use of a deadly weapon?

Answer 33

To justify resistance with a deadly weapon the plaintiff must have a reasonable apprehension of loss of life or great bodily injury

Question 34

Under minority jurisdictions, what is the duty to retreat?

Answer 34

Before using deadly force in self-defense the defendant must attempt to make a reasonable retreat, except when in their home

Question 35

Under majority jurisdictions, what is the duty to retreat?

Answer 35

No need to retreat and a defendant can use deadly force if they reasonably believe deadly force is immediately necessary to protect against the threat of death or great bodily injury