Intentional Torts

Question 1

Elements of Intentional Torts

Answer 1

1. Voluntary Act - something conscious or willed, as opposed to purely reflexive
2. ) Intent - D either:
   a. ) desires act to cause harmful result, or
   b. ) knows with substantial certainty that it will come about
3. ) Causation - D’s act, or a force set in motion by D, must cause P’s injury
4. ) Harm
5. ) No applicable privilege or defense

Question 2

Transferred Intent

Answer 2

If D acts with necessary intent to inflict certain intentional torts against P, but causes injury to V, then D’s intent transferred to V

Question 3

what categories of torts does transferred intent apply to?

Answer 3

*applies only to battery, assault, false imprisonment, trespass to land, and trespass to chattels.

Question 4

Battery

Answer 4

Rule: D causes harmful or offensive contact with P’s person or something closely connected to P

1. ) Intent - D must either:
   a. ) desire to cause an immediate harmful or offensive contact; or
   b. ) know that such contact is substantially certain to occur
2. ) Harmful or Offensive Contact
   a. ) inflict pain or impairment of any function of the body
   b. ) offensive to a reasonable person
   c. ) P need not be aware of the contact (unlike assault)
3. ) to the person or something physically closely connected thereto
   * P does not have to prove injury; will get compensatory damages just by proving the elements.

Question 5

Defenses to Battery

Answer 5

consent

Question 6

Assault

Answer 6

Rule: D intentionally causes P to be in reasonable apprehension of an immediate harm or offensive contact

1. ) Intent - D must:
   a. ) act with the desire to cause an immediate harmful or offensive contact or the apprehension of such contact; or
   b. ) knows that such a result is substantially certain to result
2. ) Reasonable apprehension - objective (RP) standard.
   * If the apprehension is reasonable, it doesn’t matter whether D could actually carry out the threat. For instance, brandishing an unloaded gun can still be assault.

3.) Imminent Battery - must be able to occur almost instantly.

Question 7

False Imprisonment

Answer 7

Rule: D intentionally causes P to be confined in a bounded area against P’s will and P knows of the confinement or is injured by it

1. ) Intent -
   a. ) D desires to confine or restrain P in a bounded area, or
   b. ) Knows that such confinement is virtually certain to result
2. ) Confinement in a bounded area
   a. ) physical barriers, threats of force, failing to release P after duty to release arises, or the invalid assertion of legal authority
   b. ) no duration requirement
   c. ) if P KNOWS (actual knowledge) of reasonable means of escape, then no confinement and no liability.
   * *reasonable = no threat of harm to P or property; can’t expose P to risk of embarrassment.
3. ) against P’s will - consent is a defense
4. ) P is aware of confinement or injured thereby (harm/damages)

Question 8

Intentional Infliction of Emotional Distress (IIED)

Answer 8

Rule: intentional act that causes invasion of P’s land, interfering with P’s possessory interest in the land

1. ) Intent:
   a. ) D desired to enter the land/caused something to enter, or
   b. ) D knew that land entry was substantially certain to result
   * mistake is NOT a defense
2. ) Entry
   a. ) D enters or causes someone/something to enter (ex: bullet hypo)
   b. ) D enters the land lawfully but then refuses to leave when required
   c. ) D fails to remove/eject from P’s land when under legal duty to do so

3.) P’s land - anyone in possession can bring claim (landowner, tenant, adverse possessor)

Question 9

Trespass to Chattels

Answer 9

Rule: D interferes with P’s chattel, causing damages

1. ) Intent
   a. ) D intentionally performs the physical act that interferes with P’s chattel
   b. ) Liable even though D did not intend to trespass (i.e., does so with good faith)
   c. ) Mistake is not a defense
2. ) Interference = Uses or borrows without authorization
3. ) Plaintiff’s Chattel = P’s personal property

4.) Actual Damages – Unlike trespass to land, proof of actual damages is an element of the
cause of action for trespass to chattels.
**Actual damages to the chattel itself are not
necessary; however, actual damages would include the value of loss of use of the chattel
during a dispossession or the cost to remedy an intermeddling

Question 10

Remedies - Trespass to Chattels

Answer 10

Damages: Cost of repair, fair market rental value, and potentially punitive damages if D is a
particularly bad actor (willful, wanton, or malicious conduct).
**Replevin – Get back personal
property of which one has been wrongfully dispossessed

Question 11

Conversion

Answer 11

Rule: Intentional act by D, where D exercises dominion or control that causes the destruction of, or
serious and substantial interference with, P’s chattel

1. ) Intent: Mistake no defense – liable even if acting in good faith and no intent
2. ) Dominion & Control (BFP)

3.) Destruction or Serious and Substantial Interference = the exercise by D of dominion and
control over the chattel
a.) Interference with P’s property interest is more significant than trespass to chattel.
**Longer period of interference and greater use by D leads to conversion

Question 12

Remedies - Conversion

Answer 12

1. ) Forced sale (common) – Market value at time converted

2. ) Replevin – Action brought by P to get personal property back

Question 13

Defenses and Privileges to Intentional Torts (list all)

Answer 13

POPCANS

1. ) Privilege
2. ) Others (defense of others)
3. ) Property
4. ) Consent
5. ) Authority
6. ) Necessity
7. ) Self-Defense

Question 14

Property (defense)

Answer 14

1.) can use reasonable force to defend real or personal property

2. ) may NEVER use deadly force to protect personal or real property
   a. ) look for situations that start from defense of property and escalate to become defense of self/others
3. ) may use REASONABLE force to eject a trespasser after asking them to leave
4. ) Recapture of chattels - reasonable, non-deadly force may be used to get back own personal property if the person seeking to recapture requests its return first or a request would be futile and D is in hot pursuit

Question 15

Consent (defense)

Answer 15

1. ) express: affirmative communication through words
   * limit - reasonability; cannot exceed scope of consent
2. ) implied - RP interprets P’s conduct as evidencing permission to act (e.g., playing sports)
3. ) mistake can negate consent when it goes to the consequences or nature of the act

Question 16

Authority (defense)

Answer 16

Arrest
a.) Police officer can arrest if reasonably believes D committed a felony

b. ) Police officer can arrest for misdemeanor if D’s action constituted a breach of the peace
c. ) Private person acts at own peril – if wrong, liable fortort

2. ) Shopkeeper’s Privilege
   a. ) Not liable for false imprisonment if had a reasonable suspicion that P stole

b. ) Can detain for reasonable period, in reasonable manner, on the premises/immediate vicinity
3. ) Discipline – Parent/teacher may use reasonable force to discipline child

Question 17

Necessity (defense)

Answer 17

1.) D permitted to injure P’s property if it is reasonably necessary to avoid a substantially greater
harm to public, self, or D’s property

2.) Public – D is acting to protect the public at-large from severeharm

3.) Private – D commits intentional tort to protect self; i.e., better the tort was committed than risk
the consequence. If RP would believe action taken was necessary to avoid the requisite harm,
D is privileged, even if D made an honest mistake in that regard
***D is not liable for the technical tort, but will have to pay for harm D caused

Question 18

Self-Defense (defense)

Answer 18

Rule: D honestly and reasonably believes that D used reasonable force to prevent P from
engaging in an imminent and unprivileged attack.

(1) D only needs to be reasonable and respond with proportionate force
(2) Deadly force cannot be used against non-deadly threat