Intentional Torts

Question 1

What are the three basic elements to establish a prima facia intentional tort?

Answer 1

1) Volitional act by defendant
2) Intent
3) Causation

Question 2

What are the two types of intent?

Answer 2

(i) specific, e.g. the goal in action is to bring about specific consequences
(ii) general, e.g. the actor knows with substantial certainty that these consequences will result

Question 3

When does the doctrine of transferred intent apply?

Answer 3

When defendant intends to commit a tort against one person but instead:

(i) commits a different tort against that person,
(ii) commits the same tort as intended but against a different person,
(iii) commits a different tort against a different person

Question 4

What does the doctrine of transferred intent stand for?

Answer 4

The intent to commit certain tort action against one person is transferred to the tort actually committed or to the person actually injured for purposes of establishing a prima facia case.

Question 5

To what torts does the doctrine of transferred intent apply?

Answer 5

(i) assault
(ii) battery
(iii) false imprisonment
(iv) trespass to land
(v) trespass to chattels

Question 6

What are the elements of the prima facia case for battery?

Answer 6

(i) harmful or offensive contact
(ii) to plaintiff’s person
(iii) intent
(iv) causation

Question 7

What standard is applied in determining harmful or offensive contact?

Answer 7

Harmfulness and offensiveness are judged by a reasonable person standard

Contact is not considered offensive if it has been consented to.

Question 8

What if Joe consents to an offensive contact, is that contact still deemed offensive?

Answer 8

No

Question 9

Does the offensive contact need to be actual physical contact?

Answer 9

No, it can be direct or indirect.

Direct=punching
Indirect=setting a trap

Question 10

Are damages required to show battery?

Answer 10

No. Nominal damages will suffice. Malicious conduct can result in the recovery of punitives.

Question 11

What are the prima facia elements of assault?

Answer 11

(i) An act by defendant creating a reasonable apprehension in plaintiff;
(ii) Of immediate harmful or offensive contact to plaintiff’s person;
(iii) Intent;
(iv) Causation

Question 12

Are words alone sufficient to constitute an assault?

Answer 12

No, absent words coupled with conduct. Words may negate reasonable apprehension (e.g. defendant shakes her fist but says she will not strike the plaintiff).

Question 13

For an assault, what is the time frame for the apprehension? i.e. what if the plaintiff is put in apprehension for an act that will occur four days from the defendant’s conduct or action?

Answer 13

Immediacy is required. Plaintiff must be apprehensive that she is about to become the victim of an immediate battery.

Question 14

What are the prima facia elements of false imprisonment?

Answer 14

(i) An act or omission on the part of the defendant that confines or restrains the plaintiff;
(ii) To a bounded area;
(iii) Intent; and
(iv) Causation

Question 15

What are sufficient methods of confinement or restraint, for false imprisonment?

Answer 15

physical barriers, physical force, threats of force, failure to release, invalid use of legal authority

Question 16

What are some insufficient methods of confinement or restraint, for false imprisonment?

Answer 16

Moral pressure or future threats

Question 17

Is the time of the confinement relevant for establishing false imprisonment?

Answer 17

No.

Question 18

In regards to awareness of the confinement, what must the plaintiff be aware of in a false imprisonment cases?

Answer 18

Plaintiff must know of the confinement OR be harmed by it.

Question 19

Define a bounded area in terms of false imprisonment.

Answer 19

Freedom of movement must be limited in all directions. There must be no reasonable means of escape known to the plaintiff.

Question 20

What are the prima facia elements required to establish intentional infliction of emotional distress?

Answer 20

(i) An act by defendant amounting to extreme and outrageous conduct;
(ii) Intent or recklessness;
(iii) Causation; and
(iv) Damages–severe emotional distress

Question 21

What is extreme and outrageous conduct, with regards to IIED?

Answer 21

Conduct that transcends all bounds of decency.

Question 22

When can conduct that is normally not outrageous become extreme and outrageous?

Answer 22

(i) It is continuous in nature;
(ii) Directed toward a certain type of plaintiff (children, elderly, pregnant women, supersensitive adults if the sensitivities are known to D)
(iii) It is committed by a certain type of defendant (common carriers or innkeepers may be liable for even gross insults)

Question 23

What level of intent is required for establishing IIED?

Answer 23

Intentional action OR recklessness.

Question 24

What is required in showing damages for IIED?

Answer 24

Actual damages, severe emotional distress. Proof of physical injury is not required. The more outrageous the conduct the less proof of damages that are required.

Question 25

When a defendant intentionally causes physical harm to a third person and the plaintiff suffers severe emotional distress as a result, can she recover for her severe emotional distress?

Answer 25

If she can establish the prima facia elements to IIED OR that she was:

(i) Present when the injury occurred;
(ii) She is a close relative of the injured person; and
(iii) Defendant knew facts (i) and (ii)

Question 26

What is intentional infliction of emotional distress considered for the bar?

Answer 26

A fallback tort position. Thus, if another alternative in your exam question is a tort that will also allow plaintiff to recover, it should be chosen over IIED.

Question 27

What are the prima facia elements required to establish trespass to land?

Answer 27

(i) Physical invasion of plaintiff’s real property;
(ii) Intent; and
(iii) Causation

Question 28

What types of physical invasions suffice for trespass to land?

Answer 28

A person or object entering onto another’s real property. If the matter in question is intangible (e.g. vibrations or odors), the plaintiff may have a case for nuisance instead.

Question 29

What is real property in regards to trespass to land?

Answer 29

The surface as well as airspace, and subterranean space for a reasonable distance.

Question 30

What intent is required for establishing trespass to land?

Answer 30

That the defendant intended to enter onto that particular parcel of land, NOT that the land belonged to the plaintiff.

Question 31

Who are the potential plaintiffs in a trespass to land tort?

Answer 31

Any one in actual or constructive possession of the parcel of land.

Question 32

Are actual damages required for trespass to land?

Answer 32

No actual damage to the land must be shown.

Question 33

What are the prima facia elements to establish trespass to chattels?

Answer 33

(i) An act by defendant that interferes with plaintiff’s right of possession in a chattel;
(ii) Intent;
(iii) Causation; and
(iv) Damages

Question 34

What are the types of interferences for trespass to chattels?

Answer 34

Intermeddling (i.e., directly damaging the chattel) or dispossession (i.e., depriving plaintiff of his lawful right of possession in a chattel)

Question 35

What damages are required for trespass to chattels?

Answer 35

Actual damages–not necessarily to the chattel, but at least to the possessory right–are required.

Question 36

What are the prima facia elements to establish conversion?

Answer 36

(i) An act by defendant that interferes with plaintiff’s right of possession in a chattel;
(ii) The interference is so serious that it warrants requiring defendant to pay the chattel’s full value;
(iii) Intent; and
(iv) Causation

Question 37

What are some acts of conversion?

Answer 37

Wrongful acquisition (theft), wrongful transfer, wrongful detention, and substantially changing, severely damaging, or misusing a chattel.

Question 38

What is helpful in differentiating a conversion from a trespass to chattels?

Answer 38

The longer the withholding period and the more extensive the use, the more likely it is to be a conversion. A less serious interference is likely trespass to chattels.

Question 39

What types of subject matter are susceptible to conversion?

Answer 39

Only tangible personal property and intangibles that have been reduced to physical form (e.g., a promissory note)

Question 40

What are the possible remedies for conversion?

Answer 40

Damages (fair market value at the time of the conversion) or possession (replevin)

Question 41

What are the remedies for trespass to chattels?

Answer 41

Recovery of actual damages from the harm to the chattel or loss of use