Intentional Torts

Question 1

Battery

Answer 1

(1) Intentionally Causing
(2) Harmful or Offensive Contact (OCCURS)
(3) to another person (or anything connected to that person)

Question 2

Assault

Answer 2

(1) Intentionally causing
(2) Reasonable Apprehension of an
(3) Imminent
(4) Harmful or offensive contact

*If it is unclear WHETHER imminent – PICK ONLY ANSWER TALKING ABOUT IMMINENCY.

Question 3

Trespass to Chattel

Answer 3

(1) Intentionally
(2) Interfering with use of another’s property
(3) Remedy = ACTUAL DAMAGES that I caused to your property

*I drive your car, I take your phone
*I owe you for actual damages (gas, damages to car, damages to your phone)
*You are getting it back.

Question 4

Conversion

Answer 4

(1) Intentionally taking something (no need for malice)
(2) Substantial Interference with the use of another’s property
(3) Remedy= VALUE OF PROPERTY AT CONVERSION (the time you took it)

I converted your property into mine
Your property is generally lost or destroyed or gone
Something bad happened to the property
I don’t need to TAKE your property with the intent of doing something bad

Question 5

Trespass to Land

Answer 5

(1) Intentionally Entering
(2) Someone else’s land

AKA

*Consciously walking onto someone else’s property

*As long as I consciously walk from here to there (don’t need to know whose property it is)

Question 6

IIED (Intentional Infliction of Emotional Distress)

Answer 6

(1) Intentional OR Reckless (Malice)
(2) Engaging in Extreme & Outrageous Conduct
(3) You Suffered Severe Emotional Distress

NO Physical harm needed

Question 7

Close Family Member IIIED (Bystander)

Answer 7

(1) MUST BE A Close Family member
(2) Defendant Knows close family member is there
(3) Severe Emotional Distress

Question 8

Non-Family Member IIED (Bystander)

Answer 8

(1) Non-Family Member suffers
(2) Physical Harm

Question 9

False Imprisonment

Answer 9

(1) Intention act
(2) Confined, bounded area (no way out)
(3) Guy aware of Confinement

BE AWARE OF PLAIN ENGLISH CORRECT ANSWERS
NOT LIABLE IF GUY WAS SLEEPING

Question 10

Shopkeeper Privilege

Answer 10

(1) Rx Belief
(2) Detained in Rx Manner
(3) Rx Amount of Time

COMMERCIAL ESTABLISHMENT
MUST BE STOPPED IN THE STORE
*If unclear whether RX – PICK ONLY ANSWER TALKING ABOUT RX

Question 11

Negligent Trespass to Land (NEGLIGENT VERSION OF TRESPASS TO LAND)

Answer 11

(1) Negligently entered land of another
(2) Liable if I cause any damages to land

Question 12

(NIED) Negligent Infliction of Emotional Distress

Answer 12

(1) I did something negligent
(2) You were within the zone of danger
(3) I caused you BOTH emotional distress
(4) and
(5) PHYSICAL harm

*EXAMPLE –> JONN IS DRIVING AND TEXTING AND THE CAR IS ALMOST GOING TO HIT YOU. YOU JUMP OUT THE WAY AND BREAK YOUR LEG

*You almost get hit and break your leg trying to avoid car

Question 13

(NIED) Bystander

Answer 13

(1) Close Family Member
(2) Emotional Distress

Mom sees you almost get hit by a car

Question 14

(NIED) Corpse

Answer 14

(1) Negligent handling of a corpse
(2) NO PHYSICAL HARM required

Question 15

Transferred Intent

Answer 15

Liable for any intentional tort if:

You intend to commit the tort but commit:
1) A different tort OR
2) The same tort against a different person

Question 16

Consent (Defense to Intentional Tort)

Answer 16

1) Implied or Express
2) Cannot exceed SCOPE OF CONSENT

*Can’t go above and beyond

Question 17

Self-Defense

Answer 17

1) Reasonable Belief of attack
2) SAME AMOUNT of Force

*Hockey stick <—> baseball bat –> OKAY
*Hockey stick <—> knife –> NOT OKAY

Question 18

Defense of Others

Answer 18

1) Rx belief
2) 3rd property about to be injured

Question 19

Defense of Property

Answer 19

1) Use rx force
2) If you have rx belief someone is about to come on to your land

*CAN NEVER USE DEADLY FORCE UNLESS THREAT TO SAFETY

Question 20

PRIVATE Necessity

Answer 20

Defense to TRESPASS

I have to come on to your land (eg., in order to save my life)

*I land my plane safely, can’t sue for trespass but I have to pay for damages to your rose bushes

Question 21

PUBLIC Necessity

Answer 21

I have to come on to your land to prevent some sort of PUBLIC HARM

*I’m not liable for ANYTHING (even property damages)

Question 22

What should you NEVER do with defenses to intentional torts?

Answer 22

NEVER apply a defense unless that is EXACTLY what the fact pattern is talking about.