intentional torts

Question 1

prima facie case - intentional torts

Answer 1

1) act by D
2) intent
3) causation

Question 2

transferred intent doctrine

Answer 2

D acts with intent to commit a given tort but:
1) commits original tort against a different person than intended
2) commits a different tort than intended against original person
3) commits different tort against different person than intended

Question 3

assault

Answer 3

1) act that creates a reasonable apprehension
2) of immediate harmful/offensive contact to P’s person
3) intent
4) causation

Question 4

battery

Answer 4

1) harmful or offensive contact
2) to P’s person
3) intent
4) causation

Question 5

false imprisonment

Answer 5

1) act/omission resulting in P’s restraint or confinement
2) confined to a bounded area
3) aware of or harmed by confinement
4) intent
5) causation

Question 6

intentional infliction of emotional distress

Answer 6

1) extreme and outrageous conduct
2) severe emotional distress (physical symptoms not necessary)
3) intent or recklessness
4) causation

Question 7

IIED bystander claims for emotional distress

Answer 7

normal elements of IIED plus:
1) P was present
2) P was a close relative OR distress resulted in bodily harm
3) D knew these facts

Question 8

trespass to land

Answer 8

1) physical entry of P’s real property
2) intent
3) causation

Question 9

trespass to chattel

Answer 9

D intentionally interferes with P’s right of possession in tangible personal property and causes minor interference or damage

Question 10

conversion

Answer 10

D intentionally interferes with P’s right of possession in tangible personal property and causes significant interference or damage that justifies D paying the chattel’s full value