Intentional Torts

Question 1

Substantial Certainty

Answer 1

that a particular effect will occur as a result of her action, deemed to intend result

Question 2

High likelihood

Answer 2

If it is merely “highly likely” not SC that the bad will occur, the act is not intentional. Recklessness by D is not enough

Question 3

You must be substantially certain of the…

Answer 3

act NOT the consequences

Question 4

Transferred intent

Answer 4

if D held the necessary intent with respect to Person A, he will be held to have committed an intentional tort against ANY OTHER PERSON who happens to be injured.

Question 5

Battery Definition

Answer 5

the defendant (1) intentionally commits (2) a harmful or offensive touching (3) of the plaintiff’s person.

Question 6

Battery Intent

Answer 6

• does not have to physically harm

(1) intended to cause harmful, offensive bodily contact

(2) intended to cause an imminent apprehension on π’s part of a harmful or offensice bodily contact

Question 7

Harmful contact

Answer 7

the contact cause some negative impact on the body.

Question 8

Offensive

Answer 8

unpermitted by a person of ordinary sensitivity.

Question 9

Does P have to be aware of contact

Answer 9

No

Question 10

Plaintiff’s person includes

Answer 10

anything connected with the plaintiff including anything that the plaintiff is holding or touching.

Question 11

Beyond Level Consented to Scenarios

Answer 11

Sporting Events / Medical Procedures

Question 12

Assault (Definition)

Answer 12

defendant must (1) intentionally (2) place the plaintiff in a reasonable apprehension (3) of immediate battery.

Question 13

Assault (Intent)

Answer 13

(1) Intent to create apprehension
or
(2) Intent to make, cause contact

Question 14

“Words Alone” Rule

Answer 14

words lack immediacy and do not constitute an assault unless they are accompanied by conduct (menacing physical gestures).

Question 15

words that negate immediacy and therefore do not constitute assault

Answer 15

Words that are (1) subjecting of conditional (“if you weren’t my best friend I’d smack you”) or (2) in the future tense (“Just you wait! I will get you someday”)

Question 16

T/F: Apprehension means fear

Answer 16

F: knowledge

Question 17

Imminence

Answer 17

(Assault) It must appear that harm is imminent & ∆ has present ability to carry out the threat

Question 18

Defense to a Conditional Threat

Answer 18

Legal right

Question 19

False Imprisonment (Definition)

Answer 19

the defendant must (1) intentionally (2) commit an act of restraint that (3) confines the plaintiff to a bounded area.

Question 20

False Imprisonment (Intent)

Answer 20

P must show that D either intended to confine him, or at least that D knew with substantial certainty that P would be confined

Question 21

T/F: Treats and omissions can equal acts of restraint for the purpose of false imprisonment.

Answer 21

TRUE.

Question 22

Confinement is

Answer 22

being held within certain limits NOT prevention from entering certain places

Question 23

An area is not bounded if

Answer 23

there is a reasonable means of escape that he plaintiff can easily discover

Question 24

Means of escape that are not

Answer 24

dangerous, disgusting, hidden or humiliating

Question 25

Imprisonment Means Used

Answer 25

threats or assertion of legal authority

Question 26

IIED (Definition)

Answer 26

the defendant must (1) intentionally or recklessly, (2) through extreme and outrageous conduct, (3) cause severe emotional distress to the plaintiff.

Question 27

IIED (Intent: 3 types of culpability)

Answer 27

(1) desires to cause (2) knows with substantial certainty π will suffer and (3) ∆ recklessly disregards the high probability that emotional distress will occur

Question 28

IIED Limited transferred intent

Answer 28

Immediate family present : (1) ∆ directs his conduct to π's IMMEDIATE FAMILY (2) π is present (3) ∆ knows π is there

Question 29

Common fact pattern where D is liable for IIED

Answer 29

debt collectors

Question 29

Outrageous conduct

Answer 29

that which exceeds all bounds of decency tolerated in a civilized society.

Question 29

Mere insults are

Answer 29

never outrageous

Question 30

1st Amendment Limit on IIED

Answer 30

if the conduct that causes distress is the delivery of a message or communication, state awarding damages ot statement on a matter of public concern

Question 31

An act of physical invasion occurs when

Answer 31

(1) ∆ intentionally enters (2) remains on, or (3) puts an object on/refuses to remove an object from land

Question 32

Does ∆ mistake about legal title or consent block liability?

Answer 32

No. Not even if it was resonable

Question 33

Do particles & gasses count?

Answer 33

Yes

Question 34

Trespass to Chattels (D)

Answer 34

the defendant (1) intentionally interferes (2) with the property of another. If the degree of interference is small then there is a trespass to chattels and the plaintiff’s remedy is the cost of repair (if applicable).

Question 35

Conversion (D)

Answer 35

the defendant (1) intentionally interferes (2) with the property of another. If the degree of interference is large then there is a conversion and the plaintiff is entitle to recover the full fair market value of the item not merely the cost of repair.

Question 36

Conversion Factors

Answer 36

(1) Duration of ∆'s dominion over the property ; (2) ∆'s good or bad faith (3) harm done (4) inconvenience caused

Question 37

Different ways to commit conversion

Answer 37

(1) taking; (2) transfer to 3rd person; (3) witholding good; (4) destruction

Question 38

Seven Intentional Torts

Answer 38

Battery, Assault, False Imprisonment, Intentional Infliction of Emotional Distress, Trespass to Land, Trespass to Chattels, and Conversion. (BAFITTC)

Question 39

Acting with Intent means acting

Answer 39

with a desire to produce the legally forbidden consequence or acting while knowing that such a consequence is likely to occur.