Intentional Torts

Question 1

What are the types of intentional torts?

Answer 1

Intentional torts to a person and Intentional torts to property.

Question 2

What are the intentional torts to a person?

Answer 2

Assault

Battery

IIED

False Imprisonment

Question 3

What are the intentional torts to property?

Answer 3

Trespass to chattels

Trespass to property

Conversion

Question 4

What are the defenses to intentional torts?

Answer 4

Self-defense

Consent

Defense of property

Necessity

Privilege of arrest

Defense of others

Question 5

Define Battery

(What are the elements for Battery?)

Answer 5

An intentional harmful or offensive touching to a person

Question 6

Define Assault

(What are the elements for Assault?)

Answer 6

An intentional act by D that creates a reasonable

apprehension in P of immediate harmful or offensive contact to P’s person

Question 7

Define IIED

(What are the elements for IIED?)

Answer 7

Intentional or reckless conduct that is considered extreme and

outrageous and causes extreme emotional

distress and P suffers emotional distress.

Question 8

Define intentional for IIED

Answer 8

The person intends to inflict severe emotional distress

or knows that such distress is certain or substantially certain to occur

Question 9

Define Reckless for IIED

Answer 9

The person acts with intentional disregard for the high risk that

emotional distress will result

Question 10

False Imprisonment

Answer 10

An intentional act to restrain someone to fixed boundaries with no reasonable means of escape and P is aware of the confinement or harmed by it (so they don’t necessarily have to be aware)

Question 11

What is an intentional act for false imprisonment?

Answer 11

Purposely bringing about confinement or knowing the confinement is substantially certain to occur

Question 12

Define restraint for false imprisonment

(Can restraint be physical force or threats?)

Answer 12

Yes

Question 13

Define trespass to chattels

(what are the elements?)

Answer 13

Intentionally interfering with personal property (damage, preventing usage, etc)

and the damage is small

Question 14

Define trespass to land

(what are the elements?)

Answer 14

Intentionally entering and/or remaining the land of another physically

or throwing physical objects or a third person onto the land of another

Tip: Intent to trespass is not required. You just have to purposefully be on the land.

Question 15

What are the remedies for Trespass to land?

Answer 15

Recovery for the decreased value of the property

or

the cost of repair

Question 16

Define Conversion

(what are the elements?)

Answer 16

Intentionally interfering with the personal property of another

and

the damage is substantial

Question 17

What is the remedy for conversion?

Answer 17

The full market value for the property

Question 18

Define the doctrine of Transferred intent

Answer 18

D’s intent to harm or damage for purposes of torts is transferred

if D intends to commit a tort against one party

and

commits a different tort against that person

or

another person is injured by the same or different tort

Question 19

Which torts does the doctrine of transferred intent apply to?

Answer 19

Battery

Assault

false imprisonment

trespass to land

and

trespass to chattels

(Basically all the intentional torts except IIED?)

Question 20

Define Self Defense and Defense of others

Answer 20

D is not liable for harm if

1) he reasonably believed P was going to harm him; and
2) use reasonable force that was necessary to protect himself and another

Question 21

Define defense of property

Answer 21

You can use reasonable force to defend property but cannot use deadly force

Question 22

Define recapture of Chattels

Answer 22

You can recapture wrongfully taken chattels by taking prompt action and using reasonable non-deadly force

Question 23

When is force considered unreasonable for the recapture of chattels?

Answer 23

When force is used without making a demand 1st. However, there is an exception to the demand requirement if you show that demand was dangerous or futile.

Question 24

Define privilege to arrest (detain for investigation)

Answer 24

Shopkeepers may temporarily detain a person reasonably suspected of theft in or near their store for the purpose of investigation. If the request to detain has been refused, non-deadly force may be used.

Question 25

Define Necessity (the defense to intentional torts)

Answer 25

D is not liable for harm to P’s property if D’s intrusion was necessary or reasonably appeared to be necessary to prevent serious harm to a person or property

Question 26

Define Public Necessity

Answer 26

D’s intrusion was for the public good

Question 27

Define private necessity

Answer 27

D’s intrusion was for the protecting of his own or a few others property interests.

D is liable for damages unless D’s purpose was to help P

Question 28

Define Consent

Answer 28

Words or conduct that give permission

Tip: Can be withdrawn at any time and in some courts P can not consent to a crime.

Question 29

Define apparent consent

Answer 29

Words or conduct that are reasonably understood to be consent

Question 30

Define Implied consent

Answer 30

Implied consent is consent in special circumstances.

Ex: Medical Emergencies