Intentional Torts

Question 1

Second Restatement of Torts

Section 13

Answer 1

Battery: Harmful Contact Restatement Section

Question 2

Battery: Harmful Contact Restatement Definition

Answer 2

An actor is subject to liability to another for battery if:

(a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person and
(b) a harmful contact with the person of the other directly or indirectly results

Question 3

Second Restatement of Torts

Section 18

Answer 3

Battery: Offensive Contact Restatement Section

Question 4

Battery: Offensive Contact

Restatement definition

Answer 4

An actor is subject to liability to another for battery if

(a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person and
(b) an offensive contact with the person of the other directly or indirectly results

Question 5

What must most jurisdictions prove for battery?

Answer 5

(1) there was intent to make contact
(2) there was intent for the contact to be harmful or offensive
Some jurisdictions only need to prove that the defendant intended to make contact.

Question 6

What is an offensive contact?

Answer 6

A bodily contact is offensive if it offends a reasonable sense of personal dignity.

Question 7

Substantial Certainty

Answer 7

Even if the actor did not intend the result, but knew with substantial certainty what the outcome of his/her actions would be.

Question 8

Second Restatement of Torts

Section 21

Answer 8

Assault Restatement Section

Question 9

Assault Restatement definition

Answer 9

An actor is subject to liability to another for assault if:

(a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact; and
(b) the other is thereby put in such imminent apprehension

Question 10

What must you show to prove assault?

Answer 10

(1) the plaintiff must be aware of the imminent battery.

(2) The defendant had the present ability to carry out the battery

Question 11

Second Restatement of Torts

Section 46

Answer 11

Outrageous Conduct Causing Severe Emotional Distress

Restatement Section

Question 12

Outrageous Conduct Causing Severe Emotional Distress (Intentional Infliction of Emotional Distress) Definition

Answer 12

(1) One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm.
(2) Where such conduct is directed at a third person, the actor is subject to liability if he intentionally or recklessly causes severe emotional distress
(a) to a member of such person’s immediate family who is present at the time, whether or not such distress results in bodily harm, or
(b) to any other person who is present at the time, if such distress results in bodily harm.

Question 13

Outrageous Conduct

Answer 13

Conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.
So severe that no reasonable man could be expected to endure it.

Question 14

Second Restatement of Torts

Section 35

Answer 14

False Imprisonment Restatement Section

Question 15

False Imprisonment Definition

Answer 15

(1) An actor is subject to liability to another for false imprisonment if
(a) he acts intending to confine the other or a third person within boundaries fixed by the actor, and
(b) his act directly or indirectly results in such a confinement of the other, and
(c) the other is conscious of the confinement or is harmed by it.

Question 16

Second Restatement of Torts

Section 36

Answer 16

What Constitutes Confinement Restatement Section

Question 17

What Constitutes Confinement

Answer 17

(1) To make the actor liable for false imprisonment, the other’s confinement within the boundaries fixed by the actor must be complete
(2) The confinement is complete although there is a reasonable means of escape, unless the other knows of it.
(3) The actor does not become liable for false imprisonment by intentionally preventing another from going in a particular direction in which he has a right or privilege to go.

Question 18

Minimum amount of time for confinement

Answer 18

None

Question 19

Second Restatement of Torts

Section 158

Answer 19

Trespass to Land Restatement

Question 20

Trespass to Land Definition

Answer 20

One is subject to liability to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally

(a) enters land in the possession of the other, or causes a thing or a third person to do so; or
(b) remains on the land; or
(c) fails to remove from the land a thing which he is under a duty to remove.

Question 21

What does Trespass to Land require?

Answer 21

Only that defendant intended to be present on the plaintiff’s land