Intentional Torts

Question 1

Battery

Answer 1

intentionally causing harmful OR offensive contact against P

Question 2

Assault

Answer 2

intentionally causing reasonable apprehension of imminent harmful OR offensive contact against P

Question 3

Trespass to Chattel

Answer 3

intentionally interfering with use of P’s tangible personal property

Question 4

Conversion

Answer 4

intentionally AND substantially interfering with use of P’s tangible personal property

Question 5

Trespass to Land

Answer 5

intentionally AND physically invading P’s real property

Question 6

Intentional Infliction of Emotional Distress

Answer 6

1. intentionally OR recklessly;
2. acting with extreme AND outrageous conduct; AND
3. causing P severe emotional distress

Question 7

IIED to [Close Family] Bystander

Answer 7

[close family member] contemporaneously percieved D’s conduct, D knew family member was present, caused family member severe emotional distress

Question 8

IIED to [NON-Family] Bystander

Answer 8

[NON-family] contemporaneously perceived D’s conduct, D knew bystander was present, caused bystander severe emotional distress AND physical harm

Question 9

False Imprisonment

Answer 9

intentionally confining OR restraining P in bounded area, AND P is aware of OR harmed by the confinement

Question 10

Shopkeeper’s Privilege

Answer 10

(*exception to False Imprisonment)

1. [shopkeeper] reasonably believed P was shoplifting,
2. detained P in reasonable manner for reasonable time, AND
3. was to investigate the facts

Question 11

Negligent Trespass to Land

Answer 11

= negligently entered P’s land AND damaged the land

Question 12

Negligent Infliction of Emotional Distress

Answer 12

Rule:

• (1) D acted negligently;
• (2) P was in the “zone of danger”of D’s threatened physical impact; AND
• (3) caused P to suffer *PHYSICAL SYMPTOMS* AND severe emotional distress

*if D had special relationship duty to P, threatened physical impact & physical symptoms are NOT required (e.g., doctor negligently misdiagnoses patient with terminal disease she doesn’t have; common carrier mistakenly reporting death of a relative)

Question 13

NIED to [Close Family] Bystander

Answer 13

Rule:

• (1) Victim’s close family member;
• (2) was present when Victim was injured; AND
• (3) contemporaneously perceived the injury

*NON-Close Family Member cannot sue based on NIED

Question 14

NIED for Mishandling a Corpse

Answer 14

= D negligently handled a corpse** causing P **severe emotional distress

*no physical harm to P required – just emotional distress

Question 15

What torts does Transferred Intent apply to?

Answer 15

Transferred Intent only applies to: Battery, Assault, False Imprisonment, Trespass to Chattels

& Trespass to Land

*it DOES NOT APPLY to Conversion and IIED

Question 16

Self-Defense

Answer 16

= if have reasonable belief of imminent attack**, can use **reasonable force to defend yourself

Question 17

Defense of Others

Answer 17

= reasonable belief** that **3^<u>rd</u> party will be imminently attacked

Question 18

Defense of Property

Answer 18

= if have reasonable belief you can stop invasion of your land, you can use reasonable NON-DEADLY force to defend

Question 19

Private Necessity

Answer 19

= D’s intrusion was reasonably necessary to prevent serious harm to self or limited number of other people

*defense for Trespass to Land usually

*D IS liable for Actual Damages to P’s property

E.g., you’re flying a plane that’s about to crash, so you land on someone’s land to avoid crashing – you’re liable for damages from messing up their grass, etc.

Question 20

Public Necessity

Answer 20

= D reasonably believed his intrusion was necessary to protect a large number of people** from a **PUBLIC** **calamity

*D is NOT liable for damage to P’s property

E.g., someone trying to stop the spread of fire/disease, or invasion by foreign military