Intentional Torts 1 Cards

Question 1

Battery

An actor commits battery if he acts intending:

Answer 1

• An actor commits battery if he acts intending
  o To cause a harmful or offensive touching to a person or a 3rd person
  o OR
  o To cause imminent apprehension of such contact
• Harmful of offensive touching occurs
• Offensive touching = if it offends a reasonable sense of personal dignity
  o Warranted of social usage at and place


o Not necessary that any physical harm to body results
 Ex. Fisher v. Carrousel motor hotel: intentional grabbing of the plate constituted battery.
o Essence of battery: “offense to dignity involved in unpermitted and intentional invasion” of inviolability of a person.

Question 2

Assault

Answer 2

• An actor commits battery if he acts intending
  o To cause a harmful or offensive touching to a person or a 3rd person
  o OR
  o To cause imminent apprehension of such contact
• The other is thereby put in such imminent apprehension

-	Elements
o	Intent
o	Offer of injury
o	Reasonable apprehension
o	Apparent ability
o	Imminent threat of injury

Question 3

False Imprisonment

Answer 3

• An actor is subject to liability to another for false imprisonment if:
  o He acts intending to confine the other or a 3rd person within boundaries fixed by the actor, AND
  o His act directly or indirectly results in such confinement of the other, AND
  o The other is conscious of the confinement or is harmed by it
• Motive is irrelevant
• Restraints can be more than physical barriers
  o Threat of force
  o Duress

Question 4

Trespass to Land

Answer 4

• Liable for trespass to land if:
  o Enters the land of another or causes a 3rd person to do so, OR
  o Remains on the land, OR
  o Fails to remove from the land a thing, which he is under a duty to remove
• Nominal damages at least
• “Intangible” invasion
  o airborne particles nuisance v trespass
   Trespass if interest is exclusive possession of land (particles accumulate)
   nuisance if interest affected is use and enjoyment of land (particles that dissipate)
  o For trespass, actual and substantial damages required

Question 5

Trespass to Chattels

Answer 5

• A trespass to chattel may be committed if intentionally:
  o Dispossessing another of the chattel
  o Using or intermeddling with a chattel in possession of another
• One who commits trespass is subject to liability to the possessor of the chattel if, but only if: (any single works)
  o One who commits trespass is subject to liability to the possessor of the chattel if, but only if: (any single works)
  o He dispossess the other of his chattel
  o The chattel is impaired as to its condition, quality, or value
  o The possessor is deprived of the use of the chattel for a substantial time
  o Bodily harm is caused to the possessor, or harm is caused t some person or thing in which the possessor has a legal protected interest

Question 6

Conversion

Answer 6

• Conversion is an intentional exercise of:
o Dominion or control over a chattel that, So seriously interferes with the right of another that damages to full value of chattel are justified

• In determining seriousness of interference and justice required to “force sale” use these factors:
  o The extent and duration of the actor’s exercise of dominion or control;
  o The actor’s intent to assert a right in fact inconsistent with the other’s right of control;
  o The actor’s good faith;
  o The extent and duration of the resulting interference with the other’s right of control;
  o The harm done to the chattel;
  o The inconvenience and expense caused to the other.
  o

Question 7

IIED (Intentional Infliction of Emotional Distress)

Answer 7

• Define: “one who by (1) extreme and outrageous conduct (2) intentionally or recklessly (3) causes (4) severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.”
• Conduct must be “so outrageous in character, and so extreme in degree, as to g beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in civilized community”
• Liability does not extend to “mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities”