Intentional Torts

Question 1

Battery

Answer 1

1) D intends to cause contact with P’s person (or anything connected to P’s person

2) D’s conduct causes such contact

3) The contact causes bodily harm or is offensive to P

Question 2

Assault

Answer 2

1) D intends to cause P to anticipate imminent, harmful, and offensive contact and

2) D causes P to anticipate such contact

Question 3

Intentional Infliction of Emotional Distress

Answer 3

1) Intent or recklessness

2) Extreme & outrageous conduct by D

3) Causation (“but for”)

4) Damages - severe emotional distress (beyond reasonable persons endurance OR D knew of P’s heightened sensitivity

Public figures - must show malice

Emotional harm caused by harm to third-party - distresses member of victims immediate family (with or without resulting bodily injury) or other bystander (with bodily injury)

Question 4

False Imprisonment

Answer 4

1) D intends to confine another person within a limited area
2) D’s conduct causes P’s confinement OR
3) D fails to release P from confinement despite a duty to do so
4) P is conscious of confinement

Confinement = physical barriers, threats, invalid use of authority, duress, failure to provide means of escape

Question 5

Defenses to Intention Torts Involving Personal Injury

Answer 5

Consent
Self-defense
Defense of third-persons
Defense of property (no deadly force allowed)

Question 6

Trespass to Chattels

Answer 6

Intentional interference with P’s right of possession by dispossessing or using/intermeddling with P’s chattel

Only intent to do the act is necessary

Mistake of law/fact is not a defense

Question 7

Conversion

Answer 7

1) Intentional act
2) to interfere with P’s right of possession
3) depriving P of use and
4) resulting in damages

Question 8

Trespass to Land

Answer 8

1) Intent to enter land or cause physical invasion (not intent to necessarily trespass)

2) act of invasion

Necessity is a defense

Question 9

Private Nuisance

Answer 9

Substantial and unreasonable interference with another’s use/enjoyment of land

Interference must be intentional, negligent, reckless

Must be substantial to offend average reasonable person in the community

Question 10

Public Nuisance

Answer 10

Unreasonable interference with a right common to the general public

Must suffer special harm different from general public