INTENTIONAL TORTS

Question 1

INTENTIONAL TORTS

WHAT MUST THE ACT BE?

Answer 1

ACT MUST BE VOLITIONAL (ACT OF THE WILL)

Question 2

WHAT MUST THE INTENT BE FOR

PERSON TORTS ?

PROPERTY TORTS?

Answer 2

PERSON: “D” DESIRES THE RESULTS, OR “D” KNOWS WITH SUBSTANTIAL CERTAINTY THE RESULT WILL OCCUR.

PROPERTY: “D” DESIRES TO “DO THE ACT” OR KNOWS WITH SUBSTANTIAL CERTAINTY THAT THE ACT WILL OCCUR.

Question 3

ARE MINORS, INSANE PERSONS, AND INTOXICATED PERSONS LIABLE FOR THEIR INTENTIONAL TORTS?

Answer 3

YES, AS LONG AS THEY HAVE THE REQUISITE INTENT.

Question 4

ARE MISTAKEN PERSONS LIABLE FOR THEIR INTENTIONAL TORTS?

Answer 4

USUALLY, B/C THEY ARE USUALLY MISTAKEN AS TO A NON-ESSENTIAL ELEMENT.

Question 5

DEFINE: TRASFERRED INTENT

Answer 5

WHEN A “D” INTENDS TO COMMIT ONE TORT, BUT INSTEAD (OR IN ADDITION), COMMITS A DIFFERENT TORT TO THE SAME PLAINTIFF, AND OR COMMITS THE SAME AND OR DIFFERENT TORT TO A DIFFERENT PERSON.

Question 6

WHICH TORTS CAN BE TRANSFERRED?

Answer 6

ASSAULT, BATTERY, FALSE IMP. TRESPASS TO LAND, T- CHATTEL

NO TRX INTENT FOR IIED OR CONVERSION.

Question 7

WHAT IS THE CAUSE REQUIREMENT FOR INTENTIONAL TORTS?

Answer 7

“BUT FOR” ACTUAL CAUSE.

Question 8

WHICH TORTS DO NOT REQUIRE “ACTUAL” DAMAGES?

Answer 8

BATTERY, ASSAULT, FALSE IMPRISONMENT

Question 9

Discuss Battery

Answer 9

Act by “D” that intentionally causes a harmful or offensive contact with the plaintiff’s person.

Intent: to cause harmful or offensive contact (to the body, clothing or anything closely connected).

Judged by the reasonable person standard.

Question 10

Discuss Assault

Answer 10

Act by “D” that intentionally causes reasonable apprehension in plaintiff of immediately receiving a battery.

Intent: To cause apprehension.

Reasonable apprehension: Judged by RP standard

Apprehension = Expectation , Fear =Apprehension

Apparent ability is all that is required, words alone insufficient

Words must be coupled with action.

Question 11

Define and Discuss

Answer 11

ACT BY “D” THAT INTENTIONALLY CAUSES THE PLAINTIFF TO BE CONFINED TO A BOUNDED AREA.

INTENT: TO CONFINE

Question 12

WHAT IS CONFINEMENT

WHAT IS BOUNDED

Answer 12

BARRIERS, FORCE OR THREAT OF FORCE, FAILURE TO RELEASE, OR INVALID USE OF LEGAL AUTHORITY.

SEE NOTES FOR MORE

BOUND: MOVEMENT RESTRAINED IN ALL DIRECTIONS, WITH NO REASONABLE MEANS OF ESCAPE.

Question 13

DEFINE AND DISCUSS

Answer 13

EXTREME AND OUTRAGEOUS CONDUCT BY “D” THAT INTENTIONALLY OR RECKLESSLY CAUSES SEVERE EMOTIONAL DISTRESS IN PLAINTIFF.

INTENT: TO CAUSE…OR IS AWARE OF THE RISK OF SEVERE EMOTIONAL DISTESS.

Question 14

IIED: CONDUCT THAT TRANSCENDS ALL BOUNDS OF DECENCY. WHAT MAY BE EXTREME AND OUTRAGEOUS IF?

Answer 14

1. CONTINUOUS IN NATURE.
2. IT IS DIRECTED TOWARD A PARTICULAR TYPE OF PLAINTIFF (CHILD, ELDERLY, PREGNANT, SUPER SENSITIVE PERSON IF SENSITIVITY KNOWN TO DEFENDANT.

OR COMMITTED BY A PARTICULAR TYPE OF DEFENDANT; COMMON CARRIER OR INNKEEPERS.

Question 15

IIED NEEDS WHAT TYPE OF DAMAGES?

Answer 15

ACTUAL DAMAGES

NOMINAL DAMAGES ARE INSUFFICIENT.

Question 16

IIED: THIRD PARTY CAN RECOVER IF PHYSICALLY HARMED IF:

Answer 16

PLAINTIFF AND VICTIM ARE RELATED.

IS PRESENT AT THE SCENE.

AND “D” KNOWS THAT 1 AND 2 ARE RELATED.

Question 17

TRESPASS TO LAND: DEFINE

Answer 17

INTENTIONAL ACT BY DEFENDANT THAT CAUSES A PHYSICAL INVASION OF PLAINTIFF’S LAND.

(DID “D” DESIRE OR KNOW WITH SUBSTANTIAL CERTAINTY ACT WOULD OCCUR)

Question 18

WHAT QUALIFIES FOR PHYSICAL INVASION?

Answer 18

DIRECT OR INDIRECT BY “D” OR FAILURE TO LEAVE OR REMOVE.

Question 19

WHO CAN BE A PLAINTIFF IN T-TO-LAND?

Answer 19

OWNERSHIP NOT REQUIRED, RIGHT TO POSSESSION IS ENOUGH

Question 20

WHAT DAMAGES ARE AVAILABLE FOR TRESPASS TO LAND?

Answer 20

DAMAGES ARE INFERRED, SO NOMIMAL AND ALL OTHER PROVABLE CAN BE RECOVERED.

Question 21

DEFINE TRESPASS TO CHATTEL

Answer 21

AN INTENTIONAL ACT BY DEFENEDANT THAT CAUSES AN INTERFERENCE WITH PLAINTIFF’S POSSESSORY INTEREST IN CHATTEL.

Question 22

TRESPASS TO CHATTEL

“D” MUST INTEND TO WHAT ONLY?

WHAT IS INTERFERENCE?

Answer 22

THE ACT.

INTERMEDDLING -DAMAGE

DISPOSSESSION

Question 23

TRESPASS TO CHATTEL

WHAT IS CHATTEL?

Answer 23

ANYTHING TANGIBLE PROPERTY

OR ANY TANGIBLE PROPERTY THAT REDUCED TO TANGIBLE FORM.

Question 24

TRESPASS TO CHATTEL

WHAT DAMAGES ARE AVAILABLE?

Answer 24

DAMAGES ARE NOT INFERRED- ACTUAL MUST BE PROVEN!

LOSS OF POSSESSION WILL BE CONSIDERED AN ACTUAL HARM.

Question 25

SAME DEFINITION AS AS T-CHATTEL, EXCEPT WHAT?

INTEND THE ACT, ACTUAL CAUSE, BUT WHAT IS SEVERE INTERFERENCE?

Answer 25

…SO SEVERE AS TO WARRANT ITS FORCED SALE.

DESTRUCTION, SEVERE DAMAGEM, MATERIAL OR ALTERATION

OR

DISPOSSESSION: WRONGFUL ACQUISITION (STEALING), TRANSFER, DETENTION OR MISUSING.

Question 26

WHAT ARE THE REMEDIES FOR CONVERSION?

Answer 26

FAIR MARKET VALUE AT THE TIME OF CONVERSION.

AND

REPLEVIN.