Intentional Tort Elements

Question 1

Elements: Intentional Torts Elements of Prima Facie Case

Answer 1

1. Voluntary Act
2. Intent
3. Causation

Question 2

Elements: Battery

Answer 2

1. Intentional Infliction (Subjective)
2. Harmful or Offensive
3. Bodily Contact
4. Causation
5. Damages (actual damages not required)

Question 3

Elements: Assault

Answer 3

1. Intentional
2. Reasonable Apprehension of Imminent Battery
3. Causation
4. Damages (actual damages not required)

Question 4

Elements: False Imprisonment

Answer 4

1. Intentional Act or Omission
2. That Confines or Restrains Plaintiff to Bounded Area
3. Plaintiff has knowledge or is harmed
4. Causation
5. Damages (actual damage are not required)

Question 5

Elements: IIED

Answer 5

1. Intentional or Reckless
2. Severe Emotional Distress (plaintiff must actually suffer severe mental or emotional distress)
3. By Extreme & Outrageous Conduct (conduct beyond all reasonable bounds of decency)
4. Actual Damages are required
5. Causation

Question 6

Elements: IIED to third parties

Answer 6

All of the IIED elements including:
Immediate Family & Present when Injury Occured

Question 7

Elements: Trespass to Land

Answer 7

Wrongful physical invasion- Intent is in the act. It doesn’t matter if the party intends it to be WRONG)
Of plaintiff’s real property
Causation
Damages not required

Remember: For trespass the defendant only needs to INTEND to enter the land not that it’s wrongful

Question 8

Elements: Trespass to Chattels

Answer 8

1. Interference with a Person’s Right of Possession in Chattel
2. Causation
3. Damages- there must be actual damages, but simply losing possession even if returned unharmed is enough.

Question 9

Elements: Conversion

Answer 9

1. Intentional
2. Substantial Interference with plaintiff’s right of possesion (exercise dominion and control)
3. So severed defendant justly required to pay full value of chattel
4. Causation

Question 10

Defenses: Consent

Answer 10

• Consent is a valid defense to all intentional torts
• Express Consent- spoken or written words (Exceptions: Fraud, Duress, and Mistake)
  Mistake only a defense if defendant knows of the plaintiff’s mistake and takes advantage of that
• Implied Consent- Consent inferred from conduct, custom, or circumstances
• Must have legal capacity to consent and must not exceed scope of consent

Question 11

Defenses: Self Defense

Answer 11

• Reasonable belief of a genuine threat (Reasonable mistake ok)
• Must be imminent
• Can only use the degree of force required to prevent harm
• No duty to retreat (in most jurisdictions)
• Not responsible for third party injuries unless youre negligent

Question 12

Defenses: Self Defense (Deadly Force)

Answer 12

Can only use deadly force if:
1. the victim is not at fault
2. the victim is confronted with unlawful force
3. the victim objectively believes he is facing imminent threat or serious bodily harm

Question 13

Defenses: Defense of Others

Answer 13

Alter ego theory- can put yourself in the shoes of the victim. If he can use self defense, you can you use it to protect him
Reasonable mistake is ok
Objective standard

Question 14

Defenses: Defense of Property

Answer 14

Must give warning
Deadly force prohibited
Must not have privilege to enter land

Question 15

Defenses: Recapture of Chattels

Answer 15

Can use reasonable force if in fresh pursuit
Must give timely demand unless it’s futile or dangerous
Can’t use deadly force

The initial taking must be wrong and you can only use force against the person that took it

Question 16

Defenses: Necessity

Answer 16

Public necessity- interference with personal property to prevent public disaster
Don’t have to pay anybody back
Private necessity- intereference with personal property to prevent private injury to yourself or your property
Must pay back for damages you cause
Owner can’t resist

Question 17

Defenses: Shopkeeper’s Privilege

Answer 17

Shopkeeper can contain if:
1. reasonable belief they stole
2. detain them in reasonable manner
3. for reasonable amount of time