Intentional Torts

Question 1

Battery

Answer 1

1. An act by the defendant with
2. The intent to cause a
3. Contact that is
4. Harmful or Offensive

Question 2

Transfered Intent

Answer 2

1. Between Torts
   a. Battery
   b. Assault
   c. Trespass to Land
   d. Trespass to Chattel
   e. Conversion
2. Between People

Question 3

Act

Answer 3

External Manifestation of One’s Will

Question 4

Assault

Answer 4

1. An act by the defendant with
2. The intent to place the plaintiff in
3. Apprehension of an
4. Imminent harmful or offensive contact

Question 5

Affirmative Defenses to Battery and Assault

Answer 5

1. Consent
2. Self-Defense

Question 6

Affirmative Defense to Battery and Assault - Consent

Answer 6

1. To one who is willing, no wrong is done
2. Can be express or implied
3. No fraudulent concealment
4. Medical consent

Question 7

Medical Consent

Answer 7

1. Must be informed of risks
2. If additional consent is required, family can consent or minimal expansion of procedure if family is unavailable
3. Unconscious patients receive care that a reasonable person would consent to

Question 8

Affirmative Defense to Battery and Assault - Self-Defense

Answer 8

1. Actor may use force in proportion to
   a. interest the actor is protecting
   b. Degree of harm threatened
2. Proportionality factors
3. Cannot be used in retaliation
4. Cannot be used once battery/assault is concluded
5. Does not have to be in fact necessary

Question 9

Self-Defense Proportionality Factors

Answer 9

1. Character and reputation of attacker
2. Belligerence of attacker
3. A large difference in size and strength
4. Over act by attacker
5. Threats of serious bodily harm
6. Impossibility of peaceful retreat by party seeking to use self-defense

Question 10

False Imprisonment

Answer 10

1. An act
2. With the intent
3. To confine the plaintiff within fixed boundaries
4. Resulting in such confinement
5. Of which the plaintiff is aware or is harmed by it

Question 11

False Imprisonment - To detain or restrain

Answer 11

1. Physical barriers
2. Force or threat of force
3. Omissions
4. False Arrest

Question 12

False Imprisonment - Fixed Boundaries

Answer 12

1. Must be bounded in all directions
2. Preventing going to a particular place does not count
3. Limiting mobility in one direction does not count

Question 13

False Imprisonment - Reasonable Means of Escape

Answer 13

1. No excessive embarrassment or discomfort
2. Must be aware of escape
3. Not required to use if unreasonable

Question 14

Defenses to False Imprisonment

Answer 14

1. Necessity
2. Shopkeeper’s Defense

Question 15

Intentional Infliction of Emotional Distress

Answer 15

1. An act by the defendant
2. That is outrageous
3. And intended to cause plaintiff
4. Severe Emotional Distress
5. And plaintiff suffered such distress

Question 16

Intentional Infliction of Emotional Distress - Outrageous

Answer 16

1. Knowledge of plaintiff’s increased vulnerability or susceptibility to emotional distress
2. Relationship between defendant and plaintiff
   a. Innkeepers, common carriers, and other public utilities are liable for insults

Question 17

Intentional Infliction of Emotional Distress - Severe Emotional Distress

Answer 17

1. Majority Rule: medical or scientific proof of serious mental injury not required (outrageousness is enough to show it was severe)
2. Minority Rules:
   a. Expert testimony required to show severity of emotional distress
   b. Physical manifestations of emotional distress required

Question 18

Public Disclosure of Private Facts

Answer 18

1. Publicity of
2. Private Facts that are
3. Highly offensive to a reasonable person which are
4. Not of legitimate public interest

Question 19

Public Disclosure of Private Facts - Publicity

Answer 19

1. Significant group of people
2. Can be written or oral

Question 20

Public Disclosure of Private Facts - Private Facts

Answer 20

1. Concerning Private life of individual
2. Not in public record
3. No liability for furthering publicity of that which is in the public eye

Question 21

Public Disclosure of Private Facts - Highly Offensive to a reasonable person

Answer 21

1. Examined in relation to customs of the time and place, to the occupation of the plaintiff, and to the habits of his neighbors and fellow citizens
2. Should expect casual observance

Question 22

Public Disclosure of Private Facts - Not of legitimate public interest

Answer 22

1. When subject-matter is of legitimate public concern there is no liability

Question 23

Intrusion upon seclusion

Answer 23

1. One who intentionally intrudes
2. Upon the solitude or seclusion of another
3. And the intrusion is highly offensive to a reasonable person

Question 24

Trespass to Land

Answer 24

1. An act with
2. The intent
3. To physically enter the plaintiff’s property

Question 25

Trespass to Chattel

Answer 25

1. An act
2. With the intent
3. To interfere or dispossess another of his chattel
4. That either causes harm or substantially interferes with the possessor’s use of their chattel

Question 26

Defenses for Trespass

Answer 26

1. Consent
2. Necessity

Question 27

Trespass - Necessity Defense

Answer 27

1. Private Necessity Rule: privilege to interfere with plaintiff’s property to avoid a greater harm but must compensate plaintiff for the interference
2. Public Necessity Rule: a defendant acting on behalf of the public is privileged to enter the land of of the plaintiff if it is necessary to avert an imminent public disaster

Question 28

Private Nuisance

Answer 28

1. An unreasonable interference
2. With another’s legal interest
3. In the use or enjoyment of their real property

Question 29

Defense to Private Nuisance

Answer 29

1. Coming to the nuisance

Question 30

Public Nuisance

Answer 30

1. An unreasonable interference
2. With a right
3. Common to the general public

Question 31

Public Nuisance - Special Injury Rule

Answer 31

1. Plaintiff bringing a public nuisance claim must have injuries that are different in kind, not just degree, from that suffered from the public at large