Intentional torts

Question 1

Things to Consider about torts P’s and Defenses

Answer 1

No hypersensitive or eccentric Ps
No incapacity defenses (child/incompetent/disabled/drunk)
Transferred intent applies

Question 2

What are the elements of battery?

Answer 2

Harmful or offensive contact

With P’s person

Question 3

What is offensive contact?

Answer 3

Think “unpermitted”

Question 4

What is their person?

Answer 4

Their body and anything they’re holding or touching

Question 5

Does battery contact have to be instantaneous?

Answer 5

No!

Question 6

What is assault?

Answer 6

D puts P in a state of reasonable apprehension

Of an immediate battery

Question 7

What is reasonable apprehension?

Answer 7

Knowledge/awareness

Unloaded gun ok if P didn’t know it was unloaded

Question 8

“Immediate” battery?

Answer 8

Words alone NOT ENOUGH!

Need observable conduct

Question 9

What is Transferred intent?

Answer 9

Trying to commit a tort and fail but cause a separate tort in the process.

You’ll be found liable for that tort.

Question 10

False imprisonment

Answer 10

Act of restraint

Causes P to be confined in a bounded area

Question 11

What are the special cases of false imprisonment?

Answer 11

A threat is enough

Failure to act if there is a legal duty to act (not allowing disabled person off a plane)

Plaintiff needs to be aware they’re confined

Question 12

What is a bounded area?

Answer 12

Don’t need 4 walls

If P can escape it’s not bounded

Question 13

What are the factors that show P actually can’t escape or leave?

Answer 13

The way out cannot be:

Disgusting
Humiliating
Dangerous
Hidden

Question 14

Intentional infliction of emotional distress

Answer 14

Extreme and outrageous conduct that causes P to suffer severe emotional distress

Question 15

What qualifies as extreme and outrageous?

Answer 15

Exceeds all bounds of decency in a civilized society (not just insults)

Question 16

What are the hallmarks of outrageousness?

Answer 16

Disturbing
Repetitive
If D is common carrier or innkeeper
P is member of fragile class (children, elderly, pregnant women)

D uses advance knowledge of a sensitivity

Question 17

What is severe distress?

Answer 17

Show some evidence but it’s subjective. Need not be physical.

Question 18

Trespass to Land

Answer 18

Intentional physical invasion of land

Question 19

What is a physical invasion of land?

Answer 19

On foot or in a vehicle

Question 20

Liable if you throw something onto the land?

Answer 20

Yes!

Question 21

Liable for trespass to land if unaware of the boundary?

Answer 21

Yes!

Question 22

What does land include?

Answer 22

Air above and earth below

Question 23

What is the difference between trespass to chattels and conversion?

Answer 23

Both involve intentional interference with personal property.

TTC - item can be repaired
Conv- item needs to be replaced at FMV