Intentional Torts

Question 1

Prima facie case for any intentional tort

Answer 1

Plaintiff must prove:

1. An act by the defendant
2. Intent by the defendant
3. Causation of the result to P from D’s act

Question 2

Intent

Answer 2

The intent to bring about the forbidden consequences that are the basis of the tort
-D acted deliberately
-D does not need to intend to cause a certain injury

Question 3

Causation

Answer 3

Defendant’s conduct was a substantial factor in bringing about the injury
-Usually not an issue in intentional tort problems

Question 4

Damages

Answer 4

Intentional infliction of emotional distress is the only intentional tort to the person that requires damages

Question 5

Transferred intent

Answer 5

The intent to commit a certain tort against one person is transferred to the tort actually committed or to the person actually injured
-i.e., assault becomes battery when D makes offensive contact; or
-i.e., A intends to hit B, but hits C. A committed battery against C

Question 6

Transferred intent limitations

Answer 6

Only applies to:
-Assault
-Battery
-False imprisonment
-Trespass to land
-Trespass to chattels

Question 7

Hypersensitivity

Answer 7

Disregard plaintiff’s hypersensitivity by assuming plaintiff is a reasonable person

Question 8

Incapacity defenses

Answer 8

No incapacity defenses for intentional torts, including:
-Infancy
-Insanity
-Intoxication
-Disabled

Question 9

Intentional torts to persons

Answer 9

1. Battery
2. Assault
3. False imprisonment
4. Intentional Infliction of Emotional Distress

Question 10

Battery

Answer 10

1. Intentional harmful or offensive (unpermitted) contact
   -Reasonable person standard
   -Consent implied for the ordinary contacts of everyday life
   -Does not need to be immediate or direct (i.e. poison or setting a trap)
2. Contact must be within the plaintiff’s person
   -Extends to what P is holding or touching (i.e., clothing or purse)

*Damages not required

Question 11

Assault

Answer 11

1. Intentional act that creates reasonable apprehension
   -Exaggerated fears of contact irrelevant (reasonable person standard)
   -Fear not required (i.e. weakling can bully buff guy)
   -P must be aware of the threat from D’s act, but not D’s identity
   -D’s apparent ability to commit battery is sufficient (i.e., unloaded gun)
   -Words alone are insufficient, but can negate reasonable apprehension
2. Of an immediate battery

*Damages not required

Question 12

False imprisonment

Answer 12

1. Defendant intentionally confines or restrains the plaintiff
   -By an direct or implied threat, physical act, or omission with a legal duty
   -Moral pressure or future threats are insufficient
   -P must be aware of the confinement or harmed by it
   -Time of confinement irrelevant
2. Plaintiff is confined to a bounded area
   -Must be no reasonable way out that is known by P
   -Way out cannot be dangerous, disgusting, humiliating, or hidden

*Damages not required

Question 13

Intentional Infliction of Emotional Distress

Answer 13

1. Defendant intentionally acts in a extreme and outrageous manner
   -“Exceeds all bounds of decency tolerated in a civilized society”
   -Conduct is repetitive (i.e., harassing debt collector)
   -D is a common carrier (i.e., airline) or innkeeper that grossly insults P
   -D is member of a fragile class including young children, elderly persons, pregnant women, or is targeting a known sensitivity
2. That causes plaintiff severe emotional distress
   -Tested by negating element with fact (i.e., P was mildly annoyed)
   -Causation in bystander cases

*Only intentional tort where recklessness is sufficient
*Actual damages (severe emotional distress) ARE required
*Only choose if P cannot recover for any other tort (fallback)

Question 14

Causation in bystander cases

Answer 14

Third party may sue to recover severe emotional distress damages when:

1. The third party was present when the injury occurred
2. Resulted in bodily harm or P is close relative of third party
3. D knew about 1 and 2

Question 15

Intentional torts to property

Answer 15

1. Trespass to land
2. Trespass to chattels
3. Conversion

Question 16

Trespass to land

Answer 16

1. Physical invasion
   -By deliberately entering property or throwing tangible object onto land
   -Intangible matter (i.e., sounds or noise) is not trespass, but may be nuisance
   -Does not need to know that land belonged to another/unaware of boundary
2. Of plaintiff’s real property
   -Right to possess property, not necessarily the owner (i.e., lessee)
   -Includes reasonable distance of airspace and subsurface

*Damages not required

Question 17

Trespass to chattels

Answer 17

Defendant interferes with plaintiff’s right of possession in chattel
-Chattel = personal property
-Interference can either damage the chattel or deprive the plaintiff of their lawful right to the chattel
-Only need intent to interfere (mistaken belief of ownership is not a defense)

*Actual damages required
*Crops are still part of the land while still in the ground

Question 18

Conversion

Answer 18

1. Defendant interferes with plaintiff’s right of possession in chattel
   -Chattel = personal property
   -Only need intent to interfere (mistaken belief of ownership is not a defense)
2. Serious interference warrants that D pays the chattel’s full value
   -Differentiator from trespass to chattel
   -The longer the withholding and the more extensive the use, the more likely it is to be conversion
   -Theft or serious damage

*P can recover FMV of chattel at the time of the interference

Question 19

Trespass to chattels versus conversion

Answer 19

Damaging personal property –> small harm –> trespass to chattels –> D pays cost to repair

Breaking or stealing personal property –> big harm –> conversion –> D pays full value of chattel/replevin

Question 20

Defenses to intentional torts

Answer 20

1. Consent
2. Protective privileges
3. Necessity

Question 21

Consent

Answer 21

1. Was there valid consent?
   -Persons cannot consent to criminal acts
   -Persons without capacity cannot consent (drunk or very young children)
   -Persons with limited capacity can consent to things within the scope of their understanding (older children and people with intellectual disability)
2. Did the defendant stay within the scope of consent?
   -i.e., doctor performing surgery on patient that exceeds scope of consent but does not cause an injury may be liable for nominal damages

Question 22

Types of consent

Answer 22

Express written or oral consent, except for:
-Mistake if the defendant took advantage of the mistake
-Fraud on an essential matter
-Duress unless the threat was over future harm

Implied consent: a reasonable person would infer from custom and usage of the plaintiff’s conduct

Question 23

Protective privileges

Answer 23

1. Self-defense
2. Defense of others
3. Defense of property

Question 24

Self-defense

Answer 24

A person may use reasonable force necessary to protect against injury when he reasonably believes he is being or about to be attacked
-No duty to retreat
-Not available for first aggressor unless the other party escalated the situation by using deadly force
-May extend to third-party injuries resulting from self-defense
-Reasonable mistake as to the existence of danger is allowed
-Deadly force is allowed if reasonably necessary to prevent the harm, but disproportionate force defeats the defense

Question 25

Defense of others

Answer 25

A person may use force to defend another when he reasonably believes that the other person had the right to use force in self-defense
-Reasonable mistake as to whether the person is being attacked or has the right to self-defense is allowed
-Same level of force allowed as if defending oneself

Question 26

Defense of property

Answer 26

A person may use reasonable force to prevent the commission of a tort against his real or personal property
-Must be before or during the tort being committed (i.e., hot pursuit of stolen chattel)
-Must first issue a request to desist unless it would be dangerous
-Reasonable mistake allowed as whether an intrusion occurred or whether a request to desist is required
-No mistake allowed as to whether an entrant has a privilege (i.e., necessity) that supersedes the defense of property right
-Deadly force is never allowed to protect property (only if invasion of property also entails a serious threat of bodily harm or death)
-No spring guns
-No self-help to reenter land (use ejection procedure)

Question 27

Shopkeeper’s privilege

Answer 27

A shopkeeper has a privilege to detain a suspected shoplifter for investigation

Requirements:
1. Must reasonably believe a theft occurred
2. Detention must be conducted in reasonable manner (no DF); and
3. Detention must only be for reasonable period of time and for investigatory purposes

Question 28

Necessity defense

Answer 28

A person may interfere with real or personal property of another when its reasonably necessary in an emergency to avoid serious injury
-D can stay for as long as the emergency persists and may sue for damages for removed before emergency ends

Two types:
-Public necessity
-Private necessity

Question 29

Public necessity

Answer 29

The defendant acted in an emergency to protect the community as a whole

Absolute defense

Question 30

Private necessity

Answer 30

The defendant acted in an emergency to his own benefit

Not absolute defense
-D must pay compensatory damages for any property damage, but is not liable for any nominal or punitive damages