Intentional Torts

Question 1

Dillan throws a rock at Xavier, but the rock misses Xavier and hits Pete instead. Pete sues Dillan. Would Dillan would be liable to Pete? Why or why not?

Answer 1

Dillan would be liable to Pete because he intended to commit a battery on Xavier and his bad intent will transfer to Pete.

Question 2

● Liability for an intentional tort requires that there are no

Answer 2

applicable privileges or defenses

Question 3

HYPOTHETICAL: David sees his archrival Pria walking across the street. Although David thinks it is unlikely he can throw a stone that far, David picks up a nearby stone and throws it at Pria. Has David acted with purpose/intent such that he may be found liable for tortious conduct? why or why not?

Answer 3

yes, because purposeful intent was established

Question 4

HYPOTHETICAL: Darla is bored and decides to shoot her BB gun into a passing commuter train. She doesn’t want to hurt anyone, but she knows that the trains at that hour will be packed with passengers. She shoots her BB gun at a full passenger car passing by her, hitting Pete. Has Darla acted with intent such that she may be found liable for tortious conduct?why or why not?

Answer 4

Yes under knowledge intent

Question 5

HYPOTHETICAL: Six-year-old Brian Dailey pulls a chair out from where he knows Mrs. Garrett is sitting. If Brian knew that it was substantially certain that this would cause Mrs. Garrett to fall to the ground, has he acted with the required intent? why or why not

Answer 5

Yes. Even though child is only a six-year-old if he was certain Ms. Garrett would fall to the ground.

Question 6

EXAMPLE: Patrick hates to be touched and believes that when people touch him, they are trying to pass alien beings into his body. Dale taps him on the shoulder and asks him for the time. Patrick freaks out. If Patrick sues Dale for battery will he succeed?

Answer 6

No because even though Dale intended to touch him, but the touch was not harmful or offensive to a reasonable person.

Question 7

T or F , brandishing an unloaded gun can still be assault. If true why?

Answer 7

▪ If the apprehension is reasonable, it doesn’t matter whether D could actually carry out the threat. For instance, brandishing an unloaded gun can still be assault.

Question 8

: If Dracula says he will come back tomorrow to suck your blood, it is not an assault. why?

Answer 8

battery must be able to occur almost instantly.

Question 9

If there is an open window on the first floor and P knows about it, is there confinement for purposes of false imprisonment? Why or why not

facts change: what if there is an open window on the third floor where the P is confined?

Answer 9

No because there is a reasonable means of escape the open window on the first floor

Yes the P is confined because there is not a reasonable means of escape. P would have to jump and risk injury.

Question 10

Don takes all of Susan’s clothes and leaves her in the middle of the woods. Is susan falsely imprisoned? why or why not?

Answer 10

Yes because Susan does not have a reasonable means of escape, Don has falsely imprisoned her. Embarrassment and humiliation can apply here.

Question 11

o P is Aware of Confinement or Injured Thereby (harm/damages)
 If P is aware of confinement:
 If P is unaware of confinement:

Answer 11

If P is aware of confinement: P is entitled to any damages the jury finds appropriate.

 If P is unaware of confinement: P can only claim damages if injured by the confinement.

Question 12

HYPOTHETICAL: Dennis quickly locks Professor Long’s classroom door during a Torts class, unlocking the room an hour later at the end of class. Every student is so engrossed in the lecture that nobody tries to leave the room during the class. Is Dennis liable for false imprisonment? Why or why not?

Answer 12

No because no one was aware and no one was injured by it.

Question 13

EXAMPLE: Dora had an ongoing feud with Pamela. Dora calls Pamela, disguises her voice and says “This is General Hospital. Your child has just been rushed to the emergency room.” Pamela suffers severe emotional distress. Does Dora have the intent for IIED?

Change in facts: EXAMPLE: Dora is at the hospital and walks by the check-in desk where she overhears a discussion and thinks that one of the nurses is saying that Pamela’s child has been rushed to the emergency room. Dora calls Pamela and conveys this information.. Would this suffice?

Answer 13

Dora has the intent for IIED because it was her goal/intent to cause emotional distress.

This would suffice for IIED because it would be a form of recklessness.

Question 14

EXAMPLE: Irene is driving around and gets lost in an unknown area. She sees Dennis standing on the sidewalk. Irene pulls over and asks Dennis for directions to the freeway entrance. Dennis says to take his dirt road to the end, and make a left. Property doesn’t belong to Dennis, but to Prince who has hidden cameras. Prince finds Irene on his property and sues her for trespass. Will Prince recover? why or why not?

Answer 14

Prince will recover because Irene intended to enter that land and Dennis intended to get Irene to enter the land. Mistake is not a defense.

Question 15

EXAMPLE: Darla thinks she is crop dusting her own land but the pesticide lands on Owen’s land. Owen has leased the property to Tom. CanTom can bring a trespass to land action? why or why not?

Answer 15

Yes because he is in possession of the land. If permanent damage occurred, Owen would have a claim.

Question 16

EXAMPLE: Irene is driving carefully across the dirt road, hits a pothole and loses control of her car. She hits an azalea bush worth $15,000. She is liable for this destruction because ?

Answer 16

She is liable for this destruction because it occurred while she was trespassing.

Question 17

EXAMPLE: Dale is leaving a restaurant and takes a blue denim jacket, believing it is his but it actually belongs to Paul. Is this sufficient to create trespass to chattels?

Answer 17

Yes This is sufficient to create intent for trespass to chattels.

Question 18

EXAMPLE: Pam and Dexter are at Pam’s apartment. They are playing a game where every time “foreseeability” comes up, they do a shot of tequila. Once they finish the first bottle, Pam says she will go to the store to get more. Pam’s dog is in the backyard, and Pam tells Dexter not to let the dog in the house or touch the dog. Pam comes back to find Dexter holding the dog. If Pam sues Dexter for trespass to Chattels will she have a valid claim?

Answer 18

No If the dog is unharmed, Pam will not have a valid claim against Dexter.

Question 19

EXAMPLE: Dale takes Paul’s jacket and loses it. Paul sues for conversion. is Dale liable? why

If successful Dale will have to pay?

Answer 19

Dale is liable because he had the purpose to exercise dominion and control over the jacket and, by losing it, there is a serious and substantial interference.

fair market value for the jacket

Question 20

EXAMPLE: Cruella steals Peter’s Ming vase worth $1,000,000. Cruella sells the vase to Drake, who pays fair market value. Peter can sue Cruella for conversion. If Peter cannot find Cruella, can Drake be sued? why or why not

Answer 20

Yes Drake, as a converter, can be sued. Either has to pay $1,000,000 to Peter or return the vase.

Question 21

Define and Distinguish Trespass to Chattels versus conversion

Answer 21

Trespass to Chattels- Committed by intentionally dispossessing or intermeddling with a chattel in the possession of another.

Conversion- Committed by intentionally exercising dominion or control over a chattel and seriously interfering with the rights of the owner.

Trespass to Chattels- Defendant is liable for damage or diminished value of chattel.

Conversion- Defendant is liable for the full value of the chattel at the time of the conversion.

Question 22

T or F Mistake is not a defense in Trespass to Chattels or Conversion

Answer 22

True

Question 23

BAR EXAM APPLICATION

Question 1

Hiker was tired and looking for a place to rest for a while. According to her cell phone, the trail she was on was about to come to a nice tree-shaded park open to the public. Hiker left the hiking trail and entered what appeared to be the park. Hiker took a nap under a tree for an hour and then left the property, returning to the hiking trail. The property was not in fact a park but private property owned by Dell. Dell sues Hiker for trespass to land.

Which of the following is most correct? why

(A) Hiker is liable for trespass to land.
(B) Hiker is liable if a reasonable person would have known that the property was private property.
(C) Hiker is liable provided she caused harm to the property.
(D) Hiker is not liable unless she recklessly entered the property.

Answer 23

(A) Hiker is liable for trespass to land.

Why? All elements for trespass to land are met

Question 24

What are the defenses and privileges to Intentional Torts?

Mnemonic: POPCANS

Answer 24

Privilege- Did D have the privilege to act in the manner they did?

Others- Defense of Others

Property- D can use reasonable force to defend real or personal property. May never use deadly force to protect personal or real property.

Consent- P expressly or impliedly consents to conduct that does not exceed the scope

Authority- arrest or shopkeepers privilege

Necessity- D is permitted to injure P’s property if it is reasonably necessary to avoid a substantially greater harm to the public, self, or D’s property.\

Self Defense- D honestly and reasonably believes that D used reasonable force to prevent P from engaging in an imminent and unprivileged attack

Question 25

EXAMPLE: Igor overheard a serious threat that Paula made to Donna. Donna is in the parking lot when Igor sees Paula walking aggressively towards Donna with a baseball bat in her hands. Fearing that Paula is about to make good on her earlier threat, Igor picks up a stone, throws it, and hits Paula in an attempt to protect Donna from harm. Paula sues Igor for battery. Does Igor have any available defenses?

Answer 25

Yes- defense of others. Igor could successfully assert defense of others because he reasonably believed that Donna was at risk of imminent harm and responded with proportionate force.

Question 26

EXAMPLE: Dale took Paul’s jacket. Paul saw it and asked for it back. Dale takes off running with the jacket. Can Paul chase Dale and use reasonable force to get it back?

Answer 26

Yes because of recapture of Chattels (property)

Question 27

EXAMPLE: Professor is concerned about his weight and needs to stop eating Twinkies. Professor tells the class that if they see him eating a Twinkie, they should do whatever it takes to stop him. Student sees Professor attempting to eat a Twinkie, grabs his arm, and pulls the Twinkie away. Professor sues for battery. Will professor win? Why or why not

Answer 27

No Professor will lose because he gave express consent.

Question 28

EXAMPLE: X is playing pickup basketball. During the game, there is a scuffle for a loose ball and an opposing player elbows X in the face, giving him a bloody nose. Even if done intentionally, did X impliedly consent?

Answer 28

Yes Even if done intentionally, X had impliedly consented by agreeing to play a game where people would that behavior to expect .

Question 29

EXAMPLE: Dale and Penny are about to have sex when Penny asks if Dale has any sexually transmitted diseases. Dale knows that he has herpes, but he lies and denies it and then sleeps with Penny without using any protection. Penny gets herpes and sues Dale. Will Penny be deemed to have consented?

Answer 29

No because Penny will not be deemed to have consented because of Dale’s deception.

Question 30

EXAMPLE: Vivian is a sex worker who engages in sexual relations with Mark. Mark pays Vivian with a counterfeit bill. In this case, there is still consent because

Answer 30

the counterfeit bill is a collateral matter. (doesn’t go to the essence of the deal)

Question 31

HYPOTHETICAL: Billie asks Heath if she can hit him with her new baseball bat. Heath responds, “Sure—you can’t swing that foam bat hard enough to hurt me anyway.” Billie, knowing that the bat is, in fact, made of wood, swings and hits Heath. Can Billie claim the defense of consent for the battery? why or why not

Answer 31

No because because scope of consent was exceeded)

Question 32

EXAMPLE: An earthquake starts a fire in the city. Della blows up Peter’s home to stop the spread of the fire. Peter sues Della for conversion and trespass to land. Peter would lose. why

Answer 32

D is acting to protect the public at-large from severe harm. The greater good was trying to stop the fire.

Question 33

T or F D commits an intentional tort to protect himself (better tort was committed than risk the consequence). If a reasonable person would believe the action taken was necessary to avoid the harm, D is privileged even if D made an honest mistake in that regard.

Answer 33

True

Question 34

HYPOTHETICAL: Dev is boating on a lake when his motor boat springs a leak. Concerned that he will sink and drown, Dev motors to the nearest dock, which belongs to Paulo. Dev ties his boat to Paulo’s dock and walks across Paulo’s land in search of help. The boat damages the dock while moored there. Is Dev liable to Paulo for trespass? For the damage to the dock? Yes

Answer 34

For trespass no

For damage to the dock yes, but not for punitive damages