Intentional Torts

Question 1

Assault

Answer 1

Intentional act by defendant creation P’s reasonable apprehension of immediate harm or offensive contact

Question 2

Battery

Answer 2

Harmful or offensive contact to P’s person by D

Question 3

False Imprisonment

Answer 3

(1) act (or omission) resulting in P’s restraint or confinement (2) P is actually confined to bounded area

Question 4

Intentional Infliction of Emotional Distress

Answer 4

(1) Extreme and outrageous conduct by defendant (2) resulting in severe emotional distress in P (3) intent or recklessness (4) causation

Question 5

IIED: Bystander Claims

Answer 5

(1) P was present at the time
(2) P was a close relative of third party OR distress resulting in the body
(3) D knew these facts

Question 6

Trespass to Chattel/ Conversion

Answer 6

D intentionally interfere’s with P’s right of possession in tangible personal property

Trespass = minor interference; P can recover cost of repair or rental value of chattel
Conversion = significant interference or damage that justifies D paying the chattel’s full value; P can recover full market value at the time of conversion or repossess the chattel

Question 7

Defenses: Self Defense

Answer 7

(1) reasonable belief a tort is being or about to be committed (2) tort must be in progress or imminent (3) must be in proportionate to threat of harm

Question 8

Defenses: Necessity

Answer 8

(1) D’s interference with P’s property must be reasonably necessary to avoid an immediate threatened injury (2) threatened injury must be more serious than the interference undertaken to avert it