Intentional Torts

Question 1

Voluntary Act

Answer 1

Something conscious or willed, as opposed to purely reflexive.

Question 2

intent

Answer 2

1. Purpose (cause harmful result)
2. Knowledge (substantial certainty)
3. Transferred

Question 3

Causation

Answer 3

D’s act or a force set in motion by D causes P’s injury.

Question 4

Ways to establish harm

Answer 4

1. est elements of tort

2. prove specific injury

Question 5

Battery

Answer 5

1. voluntary act
2. intent to cause harmful/offensive contact
3. harmful/offensive contact occurs w/ P or something closely connected to P

Question 6

H/O contact

Answer 6

Offensive to a R person. P does not need to prove injury.

Question 7

Defense to battery

Answer 7

consent

Question 8

Assault

Answer 8

1. intent to cause R apprehension
2. Reasonable apprehension
3. belief of imminent battery

Question 9

R apprehension

Answer 9

A RP in the same situation as P would have experience the same apprehension.

Question 10

False Imprisonment

Answer 10

1. Intent to confine/restrain to bounded area and knows that such confinement is virtually certain to result.
2. confinement in bounded area (no duration req)
3. Against P’s will
4. no knowledge of R means of escape
5. P is aware of confinement or injured thereby.

Question 11

Intentional Infliction of Emotional Distress

Answer 11

1. Intentional or reckless (desire of conscious disregard)
2. Extreme and outrageous conduct
3. severe emotional distress (substantial or long lasting)

Question 12

Trespass to land

Answer 12

1. intent to enter land (mistake is not a defense)
2. Entry
3. P’s land
4. Remedies (nominal dmgs)

Question 13

Trespass to chattels

Answer 13

1. Intent (act that interferes w/ P’s chattel)
2. Interference (w/o authorization)
3. P’s chattel
4. actual dmgs (loss of use of chattel)
5. Remedies: dmgs, replevin

Question 14

Conversion

Answer 14

1. Intent
2. Dominion and Control
3. Remedies: forced sale, replevin

Question 15

Defenses and Privileges to Intentional Torts

Answer 15

1. Privilege
2. Others (defense of)
3. Property
4. Consent
5. Authority
6. Necessity
7. Self-Defense

Question 16

Defense of others

Answer 16

D is entitled to defend another from an attack by P to same extent that a TP would be lawfully entitled to defense himself, but D is liable for a mistake.

Question 17

Property

Answer 17

D can use R force to defend realty or personalty. May never use deadly force.
- recapture of chattels: R, non-deadly force may be used to get back personalty if 1. person seeking to recapture requests its return or it would be futile and 2. D is in hot pursuit

Question 18

Consent

Answer 18

Express: affirmative communication
Implied: RP interprets P’s conduct as evidencing permission to act.

Question 19

Authority: Arrest

Answer 19

1. officer if R believes D commited a felony OR misdemeanor if D’s action constituted a breach of the peach.
2. private person acts at their own peril, if wrong they’re liable for tort.

Question 20

Authority: shopkeepers privileges

Answer 20

Not liable for false imprisonment if R suspicision that P stole. Can detain for R period and in a R manner on the premises/immediate vicinity.

Question 21

Public Necessity

Answer 21

D is acting to protect the public at large from severe harm. San fran fire example

Question 22

Private Necessity

Answer 22

D commits an int tort to protect himself. If a RP wold believe action taken was N to avoid harm. D not liable for tort but will have to pay for harm caused.

Question 23

Self-Defense

Answer 23

D honestly and Rly believed D used R force to prevent P from engaging in an imminent and unprivileged attack.