Intentional Torts

Question 1

Intent

Answer 1

Conduct is intentional if the actor:

1. desires to cause the consequences of his act (purposeful intent), or
2. Knows or believes the consequences are substantially certain to result from his act (knowledge intent)

Question 2

Transferred Intent

Answer 2

Transferred intent is used when a defendant intends to harm one victim, but then unintentionally harms a second victim instead.

Question 3

Can children be held liable for an intentional tort?

Answer 3

Yes! But usually not for negligence

Question 4

Is mental impairment a defense for an intentional tort?

Answer 4

No! Everyone is held to the same standard of a reasonable person.

Question 5

Battery

Answer 5

A voluntary act done with intent to cause harmful or offensive contact and results in actual harm

Question 6

Single Intent vs. Dual Intent

Answer 6

Single = Intent to touch
Dual = Intent to touch AND intent to harm or offend

Question 7

Offensive contact

Answer 7

A contact is offensive if it violates someone’s reasonable sense of dignity

Question 8

Assault

Answer 8

A voluntary act intended to cause an imminent apprehension of a harmful or offensive contact.

Person needs to be aware of D’s threatening act.

Imminence = needs an apparent ability to carry out the threat immediately

Question 9

False Imprisonment

Answer 9

A voluntary act intended to confine another person within a defined area for any amount of time without consent.

P MUST be aware of confinement, or else suffered harm.

Threats of physical force and false assertion of legal authority to confine will suffice (does not need to be physical restraint)

Question 10

IIED (non-public official)

Answer 10

Extreme and outrageous conduct by D causing P severe emotional distress

1. Extreme emotional distress
2. Intent to cause or disregard for the substantial probability of causing severe ED
3. Causal connection between conduct and injury
4. Severe emotional distress

Question 11

IIED Public Official

Answer 11

1. Extreme emotional distress
2. Intent to cause or disregard for the substantial probability of causing severe ED
3. Causal connection between conduct and injury
4. Severe emotional distress
5. False statement of fact AND the speaker knew or recklessly disregarded the truth

Question 12

Trespass to land

Answer 12

1. Voluntary act
2. Intent to enter
3. Actual entry

Trespasser liable for damages directly caused by his trespass, even if he never intended the harm and could not foresee the harm

Question 13

Trespass to Chattels

Answer 13

(1) Voluntary act
(2) Intent to interfere with with possession of chattel
(3) Proof of actual damages

Question 14

Conversion

Answer 14

Conversion is an intentional exercise of dominion or control over a chattel which so seriously interferes with P’s right to control it that D may justly be required to pay P its full value.

Question 15

Self-Defense

Answer 15

D has privilege to use as much force as reasonably appears to be immediately necessary to protect himself against imminent physical harm threatened by the intentional conduct of another. Elements:

1. Honest and reasonable belief that D was under attack
2. Reasonable force to respond

(some states require retreat before deadly force is used)

Question 16

Defense of Third Persons

Answer 16

D has privilege to defend any other person under the same conditions by the same means as he would be privileged to defend himself.

Circuit split: Mistake. D’s reasonable mistake does not negate the privilege. Privilege destroyed if D is mistaken in defending someone else.

Question 17

Defense of Property

Answer 17

Privileged to use REASONABLE force (including assault) to expel another.

No privilege to use force intended to cause death or serious harm against another.

Question 18

Shopkeeper’s privilege

Answer 18

Shopkeeper can detain a suspected shoplifter in a reasonable manner for a reasonable amount of time to investigate based on a reasonable suspicion.

Question 19

Public Necessity

Answer 19

If a danger affects a community, or many persons so that public interest is involved, D is privileged to destroy P’s property. D’s liability is completely excused.

Question 20

Private Necessity

Answer 20

If a danger threatens harm to D or his property, D is privileged to commit an act which causes trespass or conversion, but he is subject to liability for compensatory damages for any resulting physical harm.

Question 21

Consent (In general)

Answer 21

There is consent when one is willing for conduct to occur