Intentional Torts

Question 1

Elements of Battery

Answer 1

1. Voluntary Act
2. Intent to cause harmful or offensive conduct
3. Contact

Question 2

Intent definition

Answer 2

purpose of producing consequence
or
knowing with substantial certainty that harm will occur

Question 3

Battery: Transferred Intent definition

Answer 3

still battery even if plaintiff was not intended target

Question 4

Battery: single intent

Answer 4

intent to make contact

Question 5

Battery: dual intent

Answer 5

intent to make contact and intent to harm or offend

Question 6

Battery: offense definition

Answer 6

offends a reasonable person’s sense of personal dignity
or
contact is highly offensive to another’s unusually sensitive sense of personal dignity

Question 7

Extended liability

Answer 7

defendant liable for all damages caused, not only intended or foreseeable

Question 8

Assault elements

Answer 8

1. voluntary act
2. intent
3. apprehension of battery

Question 9

Assault: Apprehension analysis

Answer 9

1. not necessarily fear, just awareness
2. could be objective or subjective, restatement recommends subjective
3. immediate or imminent

Question 10

False Imprisonment elements

Answer 10

1. act
2. intent to confine
3. confinement
4. awareness of confinement or sustain harm

Question 11

False imprisonment: What is confinement?

Answer 11

1. threats or duress

2. physical barrier or force

Question 12

IIED elements

Answer 12

1. outrageous and extreme conduct
2. intent to cause, or disregard of a substantial probability of causing, severe harm
3. causal connection between conduct and injury
4. severe emotional distress

Question 13

What is outrageous and extreme conduct?

Answer 13

1. intolerable in civilized society
2. pattern of conduct
3. abuse of power
4. directed at person known to be especially vulnerable

Question 14

IIED - Public figure standard for intent

Answer 14

actual malice, must show falsity and intent or recklessness about falsity

Question 15

IIED not directed at plaintiff

Answer 15

1. plaintiff is a member of the victim’s immediate family and
2. was present at the time of the conduct

Question 16

Trespass to land elements

Answer 16

1. Plaintiff’s ownership of land or possessory interest
2. intentional, tangible invasion
3. invasion or entry harms plaintiff’s interest in exclusive possession

Question 17

trespass to land: intent

Answer 17

1. intent to enter land, not necessarily to trespass
2. personal entry or causing an object to enter the land
3. unintentional entry but refusal to leave
4. overstepping granted rights

Question 18

trespass vs nuisance

Answer 18

invasion of interest in exclusive possession vs interference of use and enjoyment of property

Question 19

conversion of chattels (trover) elements

Answer 19

1. Intent to exercise substantial dominion over chattel
2. act
3. deprivation of control from chattels owner

Question 20

conversion of chattels: substantial dominion factors

Answer 20

1. extent and duration of control
2. intent to assert a right to the property
3. defendant’s good faith
4. harm done
5. expense or inconvenience caused

Question 21

Trespass to chattles remedies

Answer 21

usually money damages or actual return or chattel

Question 22

Trespass to Chattels elements

Answer 22

1. intent to interfere or knowledge that interference was substantially certain to result
2. interference with use and enjoyment of personal property
3. plaintiff harmed

Question 23

Self defense & defense of others - nondeadly

Answer 23

1. reasonable belief

2. cannot avoid necessity of defending himself by retreating or complying with command

Question 24

self-defense and defense of others - deadly force

Answer 24

1. reasonably believes the other is about to inflict harm
2. he is in peril of death or serious bodily harm
3. can only prevented by immediate use of force
4. force was reasonable

Question 25

self-defense does not exist when

Answer 25

1. able to retreat outside the house

2. able to relinquish a right or privilege

Question 26

Defense of property requirements

Answer 26

1. must warn first
2. no deadly force
3. no excessive force

Question 27

shopkeepers privilege definition

Answer 27

privilege to assault in defense of property

Question 28

shopkeepers privilege elements

Answer 28

1. shopkeeper must have reasonable cause to detain
2. purpose of detention was proper
3. detention was carried out in a reasonable manner and reasonable length of time

Question 29

Consent

Answer 29

consent to being touched, but not to harm that occurs from being touched

Question 30

exceptions to consent

Answer 30

1. implied consent in emergencies

2. no consent if person did not understand risk and implications

Question 31

defense: discipline

Answer 31

parents have privilege to discipline as long as they use reasonable force

Question 32

public necessity

Answer 32

D is allowed to trespass if required for the public good