Intentional Torts

Question 1

trespass prima facie

Answer 1

1. Actor set out to make contact with the land 2. Did make contact

Question 2

trespass - contact with land

Answer 2

Contact with land = 1. Entering land 2. Remaining on land 3. Put object on land, and refuse to remove it

Question 3

trespass above or below

Answer 3

• Air space – 2nd restatement - 50ft = trespassing, 500ft = not, 150ft = for the court - Underground – generally dealt with through contract

Question 4

trespass - Minor intrusions

Answer 4

are actionable (even if there is no injury to the land). Punish because we have the exclusive right to our own property… SO there may be punitive damages where there are no compensatory

Question 5

battery prima facie

Answer 5

1. A acts 2. Intending to cause a contact with P 3. Of a type that is harmful or offensive; and 4. A’s act causes such a contact

Question 6

battery contact

Answer 6

can be direct or indirect or something you are holding

Question 7

battery offensive

Answer 7

objective test – must violate prevailing social norms of acceptable touchings

Question 8

assault prima facie

Answer 8

1. A acts 2. Intending to cause in P the apprehension of an imminent harmful or offensive contact with P; and 3. A’s act causes P reasonably to apprehend such a contact

Question 9

false imprisonment prima facie

Answer 9

1. A acts 2. Intending to confine P 3. A’s act causes P to be confined, and 4. P is aware of confinement

Question 10

false imprisonment negligent confinement

Answer 10

does not need to prove mental element (good for P), but injury must be real (bad for P)

Question 11

defenses to intentional torts - consent

Answer 11

consent necessity self defense or of others recapture of property

Question 12

transferred intent (3 ways)

Answer 12

1. Same victim different tort 2. Across victims 3. Different victim different tort – shot some one, and someone else in the room thought they would be shot… battery for who you shot and assault to the other