Intentional Torts

Question 1

Name all of the intentional torts

Answer 1

Battery
Assault
False Imprisonment
Trespass to Land
Trespass to Chattel
Conversion
Intentional Infliction of Emotional Distress (IIED)

Question 2

Define intent

Answer 2

Intent is acting for the purpose of causing a specific outcome OR knowing that outcome is substantially certain to occur.

Question 3

T/F: Intent requires a showing of malice or intent to injure

Answer 3

False

Question 4

____ does not negate ____

Answer 4

mistake

intent

Question 5

T/F: Mental illness negates intent

Answer 5

False

Question 6

Define transferred intent

Answer 6

Transferred intent is a legal fiction that allows for intent to be transferred from a D’s intended target to actual target.

Question 7

Which torts will transferred intent apply to?

Answer 7

Battery
Assault
False Imprisonment
Trespass to Land
Trespass to Chattel

Question 8

Define battery

Answer 8

Battery is when a person acts with the intent to cause or harmful or offensive contact with the person of another and the harmful or offensive contact results.

Question 9

Elements of battery

Answer 9

Intentionally: specific, general or transferred
Harmful: Physical pain or injury
(or) Offensive: If it would offend a reasonable person’s sense of dignity
Contact
With person of another
and such contract results

Question 10

Eggshell skull doctrine

Answer 10

If the defendant intends offensive contact and it results in greater damages than a reasonable person would expect , they are still liable! (Defendants takes the plaintiff as they are.)

Question 11

Define Assault

Answer 11

Assault is when a person acts with intent to cause harmful or offensive contract with the person of another OR to cause apprehension of imminent contact AND that person is put in reasonable apprehension of imminent harmful or offensive contact

Question 12

T/F: Can the use or mere words establish an assault.

Answer 12

False; you need an action with the words.

Question 13

Elements of assault

Answer 13

Intent
Harmful 
Offensive 
Apprehension: Anticipated; not fear
Imminent: immediately about to occur

Question 14

Define false imprisonment

Answer 14

False imprisonment is the intentional, unlawful restraint, through force or threat of force that confines someone to a bounded area, the person is either aware of the confinement of harmed bu it.

Question 15

Elements of false imprisonment

Answer 15

Intentional

Unlawful: without legal right or privilege

Restraint: Impairment on p’s ability to move freely

Force or threat of force: can be physical or through authority

Bounded area: An area where one is located and not allowed to leave

Question 16

T/F: Can consent negate intent under false imprisonment

Answer 16

True

Question 17

T/F: If you have a reasonable means of escape, false imprisonment cannot be established

Answer 17

True

Question 18

Define Trespass to Land

Answer 18

The intentional and unauthorized entry upon the property of another

Question 19

Elements of Trespass to Land

Answer 19

Intentional
unauthorized: No permission, consent or justification
entry
onto the land of another: Real property or property permanently affixed to the land

Question 20

Under trespass to land, when must you show actual damages?

Answer 20

When the case involves microscopic particles in the air

Question 21

T/F: Does a person need to show always need to show actual damages for Trespass to Land?

Answer 21

False; only nominal damages

Question 22

Define Trespass to Chattel

Answer 22

The person acts with the intent to interfere with the property of another and the interference deprives the person of another from the substantial use.

Question 23

Elements of trespass to chattel

Answer 23

The condition, quality or value of the chattel is interfered with, OR;

the plaintiff was deprived of chattel for a substantial period of time OR;

bodily harm suffered by the plaintiff/possessor of chattel.

Question 24

T/F: A party may recover for nominal damages under trespass to chattel

Answer 24

False; actual damages only. Damages must be shown

Question 25

T/F: A party has not committed a trespass to chattel if the chattel is not impaired as to its condition.

Answer 25

True

Question 26

Define conversion

Answer 26

The person acts with intent to exercise dominion or control over the property of another that significantly alters, seriously damages, or destroys the property.

Question 27

Elements of conversion

Answer 27

Intent

exercise dominion or control

property of another

significantly alters, seriously damages, or destroys the property:

-serious interference with the other’s ability to control the property; so serious that the defendant may justly be required to pay the plaintiff the full value

Question 28

Define Intentional infliction of emotional distress

Answer 28

The defendant engages in extreme and outrageous conduct, intentional or reckless conduct, that the plaintiff suffers from severe emotional distress.

Question 29

Elements of IIED

Answer 29

Extreme and outrageous: conduct exceeds beyond all bounds of human decency

Intentional or reckless: acts for the purpose to cause severe emotional distress or the conduct is so extreme and outrageous that severe emotional distress is substantially certain to occur.

Severe emotional distress: Diagnosis or substantial interference with everyday life.

Question 30

IIED to third parties (Bystander Liability)

Answer 30

A plaintiff must show:

(1) the bystander was an immediate family member of the victim being battered OR
(2) the defendant knew the bystander was present at time OR
(3) P suffered bodily harm as a result that the severe emotional distress
(If a family member, does not have to show the emotional distress resulted in bodily harm)

Question 31

Bystander liability

Answer 31

When the extreme + outrageous conduct is towards a 3rd party, the D is liable if he intentionally or recklessly causes severe emotional distress.

Question 32

Define recovery of real property

Answer 32

A person wrongfully deprived of chattel is privileged to use reasonable force to recover the chattel immediately after dispossession. This defense permits the defendant to reclaim the chattel only when it can be done without unnecessary violence or breach of the peace.