Intentional Torts

Question 1

Battery

Answer 1

One intends (or has sub certainty of) a harmful or offensive contact or an imminent apprehension thereof, and harmful or offensive contact directly or indirectly results.

Question 2

Assault

Answer 2

1. Plaintiff must actually and reasonably apprehend an imminent harmful or offensive contact to himself.
   a. Some authorities state that if the apprehension is unreasonable, but defendant knows that plaintiff is hypersensitive, then this part is satisfied
   b. “apprehend” does not necessarily mean fear, but rather ‘to become aware of’
   c. ‘imminent’ is meant that the contact will occur without ‘significant delay’
2. The apparent ability to carry out threat is sufficient, even if defendant is actually incapable.
3. All circumstances are considered.

Question 3

False Imprisonment

Answer 3

One intends to confine another, and confinement directly or indirectly results, and P is conscious at the time of confinement or is harmed by it.

Question 4

Intentional Infliction of Emotional Distress

Answer 4

Ask McGarity

Extreme or outrageous conduct that is “beyond the pale” 2) with an intent to cause severe emotional distress 3) severe distress or bodily harm results.

Does bodily harm count??

Question 5

Trespass to Land

Answer 5

An actor intentionally:

1) enters the land in the possession of the other, or causes a thing or a third person to do so, or
2) remains on the land after invitation is revoked or
3) fails to remove from the land a thing which he is under a duty to remove.

Question 6

Trespass to Chattels

Answer 6

Ways of committing:
An actor intentionally:
1) dispossess another of the chattel, or
B) uses or intermeddles with the chattel in the possession of another

Liability:

1) He dispossess another of the chattel
2) the chattel is impaired as to its condition, quality or value
3) the possessor is deprived form the use of the chattel for a substantial time
4) bodily harm is thereby caused to the possessor or harm is caused to some person or thing in which the possessor has a legally protected interest.

^^^What is with that last one??

Question 7

Conversion

Answer 7

An intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the full value of the chattel. (If person took in good faith, might not be conversion).

Dispossession must be complete

(Different from trespass to chattels bc damages are greater…liable for the full amount of the chattel).

Question 8

IIED Bystander Recovery

Answer 8

ASK MCGARITY

Where such conduct is directed at a third party, defendant is liable if he intentionally or recklessly causes severe emotional distress to:
1. A member of plaintiff’s immediate family who is present at the time whether or not such distress results in bodily harm; or
2. To any other person who is present at the time if such distress results in bodily harm.
See also the rules from Homer v. Long in cases involving third persons.
3. Need to be “present” to suffer the IIED – there are expansions and exceptions
a. Expansion: children who did not actually witness attacks on their mother were “present” if they could show “Sensory and contemporaneous awareness”
b. Exceptions: Should be reserved for “rare” cases, but could be based on such factors as: 1. The relationship of the target of the conduct to the plaintiff 2. The relationship between the person committing the conduct and the plaintiff and 3) the egregiousness of the conduct.