Intentional Torts

Question 1

VL Negligence

Answer 1

Liable for the negligence of their employees,
(1) committed while the employee is

(2) acting within the scope of their agency. T

YES detour, NO to frolic.

Question 2

VL for Independent Contractors

Answer 2

NO VL unless:

(1) the independent contractor is engaged in inherently dangerous activities, or

(2) the duty is nondelegable.

Question 3

VL Torts

Answer 3

Liable if

(1) force is authorized by employment,

(2) friction is generated by employment, or

(3) employee/agent furthering business of employer and is acting under express, implied, or apparent authority.

Question 4

Intent

Answer 4

Intent to do the act that constitutes the tort, not the intent to cause the tort itself or the particular harm.

Question 5

Transferred Intent

Answer 5

Applies where the defendant intends to commit a tort against one person but instead

(1) commits a different tort against the same person,

(2) commits the same tort as intended but against a different person, or

(3) commits a different tort against a different person.

Question 6

Intentional Torts List

Answer 6

(1) Assault
(2) Battery
(3) False Imprisonment
(4) Trespass to Chattels/Conversion
(5) IIED
(6) Abuse of Process
(7) Malicious Prosecution

Question 7

Assault

Answer 7

(1) a volitional act,

(2) done with intent to cause
(a) harmful offensive contact or
(b) apprehension of imminent harmful or offensive contact,

(3) that actually and proximately causes the reasonable apprehension of harmful or offensive contact.

Question 8

Battery

Answer 8

(1) a volitional act,

(2) done with the intent to cause either:
(a) harmful or offensive contact, or
(b) an apprehension of imminent of harmful or offensive contact,

(3) that actually and proximately causes harmful or offensive contact to the person of another.

Question 9

Offensive/Harmful Contact

Answer 9

Offensive contact
- Objective – would society regard the contact as offensive.

Harmful contact
- Even the slightest physical change in condition.

Question 10

Indirect contact

Answer 10

(1) Someone is barreling toward you on a bike, YOU STEP BACKWARDS out of the way then fall and hurt yourself

(2) Connection to the plaintiff’s person – e.g., the case where the plate was snatched from the man’s hands.

Question 11

False Imprisonment

Answer 11

(1) an act intending to confine someone within boundaries fixed by the actor,

(2) directly or indirectly resulting in such confinement, and

(3) the confined person is either
(a) conscious (aware) of the confinement or
(b) harmed by it.

Question 12

Shopkeeper Privilege

Answer 12

(1) reasonable grounds to believe a person has committed theft,

(2) they may detain the person for a reasonable TIME and in a reasonable MANNER to ascertain what has happened

Question 13

Crime Prevention

Answer 13

May arrest someone for a misdemeanor if

(1) reasonable belief that a crime has occurred that involves breach of the peace (i.e., creates disturbance) and

(2) it has been committed in their presence.

Private persons may arrest someone for a felony if they have
(1) reasonable grounds for believing the felony has been committed, but

(2) the felony need not have been committed in the private person’s presence.

Question 14

Trespass to Chattels

Answer 14

(1) an act which is an intermeddling or dispossession,

(2) of the personal property

(3) of another

(4) which causes harm to, or the loss of the use of, the personal property

Question 15

Conversion

Answer 15

Interference is serious enough in result to warrant requiring defendant to pay the full value of the chattel at the time of conversion.

Question 16

IIED

Answer 16

(1) an act that constitutes extreme and outrageous conduct that

(2) causes severe emotional distress.

Question 17

3rd Party IIED

Answer 17

Plaintiff must be closely related to harmed person and must see the harm inflicted.

Question 18

Abuse of Process

Answer 18

(1) use of a legitimate civil process,

(2) for a wrongful purpose, and

(3) an act or threat against the plaintiff to accomplish the wrongful purpose.

Question 19

Malicious Prosecution

Answer 19

(1) initiation of civil, administrative, or criminal proceedings against a plaintiff;

(2) without probable cause;

(3) for a wrongful purpose; and

(4) the favorable termination of the proceedings on the merits in favor of current plaintiff