Intentional Torts

Question 1

Intent

Answer 1

Desire to cause the effect, or substantial certainty that the effect will occur. Garrat v. Dailey, 6 year old pulled out a chair, if he was knowledgeable=intent

Question 2

Single intent

Answer 2

Intend to cause the contact (Waters v. Blackshear)

Question 3

Dual intent

Answer 3

Intend to cause the contact and the harm (3rd RS)

Question 4

Transferred intent

Answer 4

“Intent follows the bullet” If you harm a 3rd party while intending to cause another there is still intent

Question 5

Harmful Battery

Answer 5

1. Intent to cause harmful or offensive contact or imminent apprehension
2. Harmful contact occurs (direct or indirect)

Question 6

Offensive Battery

Answer 6

1. Intent to cause harmful or offensive contact or imminent apprehension
2. Offensive Contact occurs

Offends a person of reasonable dignity, unduly sensitive person cannot recover. (Wishnastsky v. Huey being a bitch with the door)

3. With an object is sufficient to constitute battery (Picard v. Barry Pontiac being a prick with the camera)

Question 7

Thin Skull Rule

Answer 7

Take plaintiff as they come. If they have an underlying condition that makes the injury worse, defendant is still liable (Putny v. Vosberg, this the only thing the dumb mf air bag at the front of our room taught us)

Question 8

Assault

Answer 8

1. Intent to batter or
2. create imminent reasonable apprehension
   i. defendant must do something beyond just existing
   ii. well founded apprehension of imminent unjustifiable force

Question 9

False Imprisonment

Answer 9

RS 2 S 35, Lopez v. Winchell’s Donuts

a. intent

b. unjustified and unlawful confinement against plaintiff’s will (force or threat or undue duress, “prison” can be large and pleasant)

c. Plaintiff is aware they can’t leave

d. exceptions for shopkeepers’ privilege

THATS FUCKIN RIGHT

Question 10

IIED

Answer 10

a. intent to cause distress, or reckless conduct

b. extreme and outrageous conduct (reasonable person)

c. casual connection between conduct and distress

d. severe emotional distress

Question 11

Trespass to Land

Answer 11

a. Intent

b. Voluntarily entry by a person or object, could even be microscopic (Martin v. Reynold’s Metal Co.)

c. not a trespass if you avoided danger (hypo where strass had a bull come to hit you and “force” you to jump over someone’s fence)

Question 12

Trespass to Chattel

Answer 12

a. Intent to do action, not neccessarily steal.

b. Dispossesses someone of chattel (stuff) or interferes with owner’s use of chattel or a substantial time
i. Damages= only what was done to the chattel

Question 13

Conversion

Answer 13

a. Intentional exercise of control over chattel

b. To an extent and for a duration to entitle the owner to payment for the full value of the chattel (forced sale)

Pearson v. Dodd- D made copies of documents and took the copies, since P still had originals, no exercise of control