Intentional Torts

Question 1

Battery

Answer 1

1) intentionally causing
2) harmful or offensive contact to another (or anything connected to that person

contact required

Question 2

Assault

Answer 2

1) intentionally causing
2) reasonable apprehension of an imminene tharmful or offensive contact

Tip: when quesitoning imminency, find answer choice about imminency

no contact required

Question 3

Trespass to Chattel

Answer 3

1) intentionally
2) interfering with the use of another’s property
3) and damage is small

key- you are getting property back

Question 4

trespass to chattel damages

Answer 4

actual damages to propery (actual harm)

Question 5

Conversion

Answer 5

1) intentionally interfering with the personal propery of another
2) and the damage is substantial

property converted-lost, stolen, gone

DO NOT NEED AN INTENT TO RUIN THE PROPERTY
only an intent to take the property

Question 6

Damages for Conversion

Answer 6

value of property at time of conversion

Question 7

Trespass to Land

Answer 7

1) intentionally entering
2) the land of another

(or propels pjhysical objects or a 3rd person onto the land or fails remove an object he is under a duty to remove)

intent to trespass not required (only intent to be ont eh land)

Question 8

Trespass to Land Damages

Answer 8

P may recover the
1) decrease in value of the property or
2) cost to repair the property

nominal damages are sufficient

Question 9

IIED

Answer 9

1) intentional or reckless conduct
2) extreme and outrageous
3) causing severe emotional distress

AND P actually suffers severe emoitonal distress (not physical)

intntnl desire to inflict or knows or is substnatially certain to result

malice- recklessness

Question 10

IIED Bystander Theory

Answer 10

if conduct is directed at a third party, D is laible for IIED caused to
1) a member of persona immediatye family, present at the time that defendant knows is there
2) any other person present, if it results in bodily harm (ie heart attack, broken leg, etc)

Question 11

False Imprisonment

Answer 11

1) intentional act
2) to restrain to fixed boundaries
3) AND P is aware of the confinement or harmed by it

Question 12

what doe fixed boundaries for flase imprisonment mean

Answer 12

no reasonable means of escape

Question 13

intent for Flase imprisonment

Answer 13

purposefully bringing about the confinement or knows or substantially certain false imprisonment will occur

Question 14

Restaint for False Imprisonment

Answer 14

by physical force or through threats

Question 15

Negligent Trespass to Land

Answer 15

1) negligently enters
2) the land of another

Question 16

when are you liable for negligent trespass to land

Answer 16

liable if you cause damage to the land

Question 17

NEID

Answer 17

REQUIRES PHYSICAL HARM
1) negligently caused
2) severe emotional distress and physical harm

Question 18

NEID near miss

Answer 18

1) negligence by D
2) creates a foreseeable risk of physical injury
3) P is in the zone of danger
4) and P manifest physical symptoms

Question 19

NEID bystander claim

Answer 19

1) negligence by D
2) bystander is alcose family memeber AND
3) P manifests physical symptoms

Question 20

NEID Dead Bodies exception

Answer 20

negligent handling of a corpse tha tcauses emotional distress
-exception to the physical symptom requirement

Question 21

Transferred Intent

Answer 21

the intent to harm one party can be transferred when
1) D intends to commit a tort against one particular individual and
2) either
a) commits a different tort against that person or
b) another person injured by the same or different tort
-applies to all intentional torts except NEID and Neg trespass to land