Intentional Torts

Question 1

Assault

Answer 1

Prima facie case for assault requires showing:

(i) P had reasonable apprehension of immediate harmful or offensive contact to P’s person
* P CANNOT recover for assault if she wasn’t aware of D’s conduct

(ii) intent by D to cause apprehension
(iii) causation - D’s conduct caused apprehension

Don’t need to prove actual damages; P can still recover nominal damages and punitive damages

Question 2

Battery

Answer 2

Prima facie case of battery requires showing:
(i) there was harmful and offensive contact to P’s person
* Anything connected to P’s person is viewed as part of P’s person (ex. purses, clothes)

(ii) D intended to cause contact
(iii) causation - D’s conduct created contact
* P can recover for battery even if she didn’t KNOW of harmful/offensive contact

Question 3

False Imprisonment

Answer 3

Prima facie case of false imprisonment requires showing:
(i) act/omission by D that confines or restrains P to BOUNDED area
* Includes threat of force against P

(ii) D intended to confine P

Note: Does NOT matter how short the period of restraint was (only affects damages)

Question 4

Intentional Infliction of Emotional Distress

Answer 4

Prima facie case of IIED requires showing:
(i) D acted in way that was extreme and outrageous
* Conduct was continuous
* D is a common carrier
* Conduct directed as children, elderly, pregnant, supersensitive people whose sensitivities are known to D

(ii) with intent to cause P to suffer severe emotional distress or recklessness about the effects on P
(iii) causation - D’s conduct led to P’s distress
(iv) SEVERE EMOTIONAL DISTRESS
* Actual damages required for IIED (but not proof of physical injury)

Question 5

Trespass to Chattels

Answer 5

Prima facie case of trespass to chattels requires showing:
(i) D’s act interfered with plaintiff’s right of possession in a chattel
(ii) D intended the act
(iii) causation
(iv) damages
* Actual damages required (loss of possession = actutal harm)

Question 6

Conversion

Answer 6

Prima facie case of conversion requires showing:
(i) D’s act interfered with P’s right of possession in chattel that was serious enough to warrant that D pay full value of chattel
(ii) D intended the act
(iii) causation
(iv) damages
* Damages are FMV of chattel OR replevin of property

Question 7

Trespass to land

Answer 7

• physical invasion of P’s land
• intent to invade land (not necessarily intent to trespass)

Question 8

Defenses to Intentional Torts

Answer 8

Consent
* Requires that P had capacity
* Consent can be express or implied (by custom and usage) or P’s conduct

Necessity (only for property torts)
* Public necessity: absolute defense if for public good
* Private necessity: D privileged but pays actual damages to P for any harm to property

Defensive Privileges
* Shopkeeper’s privilege: reasonable belief P shoplifted - can detain P for reasonable time in reasonable manner
* Self defense - reasonable belief that tort is being/about to be committed on D
* Defense of property - reasonable belief that tort is being/about to be committed on property
* Defense of others: tort is being committed or about to be committed on third party