Intentional Torts

Question 1

When can a 3P recover under IIED?

Answer 1

relative: 3P perceives the injury + Δ knows 3P is present + direct victim is a close family relative of 3P (bodily harm not required)
nonrelative: 3P’s emotional distress is so bad that it results in bodily harm to 3P (heart attack, stroke, etc.) who is present

Question 2

elements of battery? majority rule for intent?

Answer 2

1. Δ voluntarily acted to bring about harmful or offensive contact with Π’s person

    2. Δ intended such contact with Π’s person
        § Single-intent jurisdictions (majority): intent to make contact is sufficient
        § Double-intent rule: D must (i) intend to bring about a contact, and (ii) intend that the contact be harmful or offensive

2. Δ caused such contact

D INTETIONALLY ACT TO CAUSE A HARMFUL OR OFFENSIVE CONTACT WITH P’S PERSON

Question 3

elements of assault?

Answer 3

1. Δ acted
   § words not enough
   2. with intent
   3. Π’s reasonable apprehension of imminent battery
   § Π must actually suffer apprehension by apparent ability. Words alone rarely create assault (no imminence)
   Δ caused

D INTENTIONALLY ACT TO CAUSE A REASONABLE APPREHENSION OF IMMINENT BATTERY

Question 4

elements of FI?

Answer 4

1. Δ acted
   2. with intent
   § to confine
   § knowing confinement substantially certain to result
   3. Intentional confinement of Π to a bounded area against Π’s will
   § bounded area = restricts freedom in all directions with no reasonable means of escape known to Π.
   4. that Π knows of OR is harmed by
   Δ caused

D INTETIONALLY ACTS TO CONFINE P IN A BOUNDED SPACE AND P KNOWS OR IS HARMED BY SUCH CONFINEMENT

Question 5

elements of iied?

Answer 5

1. Extreme and outrageous conduct 
			§ Conduct exceeds all bounds of decency. Lesser showing enough for certain Δ (“gross insults” by innkeeper, common carrier) or certain Π (children, particularly sensitive, elderly, pregnant)
		2. Intent to cause severe ED
			§ Intentional or reckless
		3. causation
		4. damages: severe emotional distress 
			§ beyond reasonable person's endurance
or D knows P's heightened sensitivity

D INTENDS P’S SED AND ACTS WITH EXTREME AND OUTRAGEOUS CONDUCT THAT CAUSES SED BEYOND A REASONABLE PERONS’ ENDURANCE.

Question 6

elements of trespass to land?

Answer 6

• Trespass to land:
1. Δ’s act of physical invasion of Π’s real property
§ Physical invasion: Entry by anything tangible (e.g., bullet, pesticide, person), not light, noise or vibrations
§ Π’s land: Anyone in possession of land (LL, T, APer), which includes surface, airspace, subterranean space
2. intent
§ to enter the land (not to trespass; doesn’t need to know the land is someone else’s)
§ Mistake is not a defense: Δ needs intent to enter land, not intent to trespass
3. causation
Damages: Not required for intentional entry. Required for negligent, reckless, strict liability trespasses

D INTENDS AND ACTS TO CAUSE PHYSICAL INVASION OF/ENTRY INTO P’S REAL PROPERTY. D NEED NOT INTEND TO TRESSPASS BUT MERELY TO ENTER THE LAND.

Question 7

elements of trespass to chattels?

Answer 7

• Trespass to chattel:
1. D’s act of interference
§ Dispossession (direct interference w/ possession – taking) or
§ intermeddling (damaging)
2. with Π’s possessory right to personal property (includes pets)
3. intent
§ to do the act, not necessary to dispossess or intermeddle
§ transferred intent applies
4. causation
damages: actual and loss of use (dispossession)

Question 8

elements of conversion?

Answer 8

• Conversion:
1. D’s act of Substantial interference with
§ Substantial interference: Longer deprivation of possessory right, larger damages, destruction
§ factors: duration/extent, intent to assert a right, D’s lack of good faith, extent of harm and P’s inconvenience
2. Π’s possessory right to personal property
3. intent
§ to do the act that interfere (intent to damage not necessary)
§ NO TRANSFERRED INTENT
4. Causation
Damages: full value of property

D INTENTIONALLY ACTS TO CAUSE SUBSTANTIAL INTERFERENCE WITH PLAINTIFF’S POSSESSORY RIGHT TO PROPERTY.

Question 9

what are general defenses to personal injury?

Answer 9

• consent: capacity + express/imlied + w/i scope
• defense of self: reassonable
• defense of others: reasonable

-Defense of property:

intrusion/trespass:

1. P’s entry is not privileged
2. D’s reasonable belief that force is necessary
3. D first demands P stop
4. D’s use of force is reasonable; Never ok to use deadly force

tort act against property: reasonable force

• Recapture of Chattels: reasonable force
• Regaining Possession of Land: reasonable force

Question 10

what are property specific defenses?

Answer 10

○ Necessity (property torts only, e.g., trespass to land or chattel)

§ Public necessity: Δ may interfere with Π’s property to protect public from harm (absolute defense if reasonable)

§ Private necessity: Δ may protect individual interests when reasonably and apparently necessary to avoid injury and if threatened harm substantially greater than Δ’s harm.

• Δ liable for any harm caused.
• Π liable for any harm caused preventing Δ’s necessary act