Intentional Torts

Question 1

Intent

Answer 1

1) Desire to cause contact; or (2) knowledge that contact is substantially certain to result.

Question 2

Nature of Intent

Answer 2

Intent is subjective. What did D know or desire?Courts look to circumstantial indicators of intent. (Garratt)

Intent is a state of mind about consequences or results. (Wagner)

Intent to harm is not required. Mistake does not negate intent. (Ranson)

Mental illness does not negate intent. (McGuire v. Almy)

Kids, but not infants, are capable of intent. (Garratt)

Question 3

What is line between intent and negligence?

Answer 3

It is a continuum. Substantial certainty of harm is intent, but mere risk of harm is negligence.

Question 4

Single vs. Dual Intent

Answer 4

(1) Intent to cause contact and (2) intent to harm

Only the first is required in majority of jurisdictions now.

Question 5

Can Intent transfer?

Answer 5

Intent may transfer between the 5 ITs and between people. (Talmage)

Question 6

Battery

Answer 6

(1) Intent, and

(2) Unconsented harmful or offensive touching (3) of the plaintiff’s person or effects

Question 7

Assault

Answer 7

1) INTENT TO CAUSE APPREHENSION/ANTICIPATION OF CONTACT (OR
(1) Intent to make contact; and (2) apparent present ability to make contact; and (3) a threatening gesture that causes (4) reasonable anticipation of unconsented imminent contact

Question 8

False Imprisonment

Answer 8

(1) Intent to confine; (2) unconsented confinement within boundaries fixed by D, without apparent and reasonable exit; (3) by unreasonable force, threat of force, or assertion of legal authority; and (4) knowledge of confinement or harm

Question 9

IIED

Answer 9

(1) intent to cause emotional distress (or recklessness); (2) extreme and outrageous conduct; (3) causation; (4) measurable severe emotional distress

Question 10

Trespass to Land

Answer 10

(1) Affirmative act, (2) with intent, (3) that invades the possessory interest of another in her land

Question 11

Trespass to Chattels

Answer 11

(1) Act by D, (2) with intent, (3) that is a minor invasion of P’s chattel interest (dispossession or intermeddling); (4) causation; (5) damages

Question 12

Conversion

Answer 12

(1) Act by D, (2) with intent, (3) that is a major invasion of P’s chattel interest; (4) causation; (5) damages

REMEDY: forced sale