Intentional Torts

Question 1

Intentional Torts

Answer 1

• assault
• battery
• false imprisonment
• trespass to land
• trespass to chattel
• IIED
• conversion

Question 2

Writ of Trespass Torts

Answer 2

torts in which transferred intent applies
- assault
- battery
- false imprisonment
- trespass to land
- trespass to chattel

Question 3

Prima Facie Case

Answer 3

1. a volitional act
2. intent
3. the act is the substantial cause
4. of an injury

Question 4

Intentional

Answer 4

1. done on purpose; deliberate
2. by conscious design or purpose
3. performed with purpose

Question 5

Battery elements

Answer 5

1. A volitional act
2. intent to
   (a) make harmful or offensive contact
   (b) cause apprehension that such contact is imminent
3. the act is a substantial cause of contact that is harmful or offensive (rsbl)

Question 6

sufficient contact for battery

Answer 6

• D’s body part makes contact w P
• anything held by or attached to D makes contact
• D causes a substance to make contact w P
• D causes P to come into contact w a harmful/offensive substance

Question 7

Assault elements

Answer 7

1. a volitional act
2. intent to produce apprehension of imminent harmful/offensive contact
3. act is substantial cause of P being placed in rsbl apprehension of imminent harmful or offensive contact

Question 8

Apprehension of harmful contact

Answer 8

The other person must become aware of the attempt before it is terminated

Question 9

False Imprisonment Elements

Answer 9

1. volitional act
2. intent to confine
3. act is substantial cause of P being confined
4. the P is conscious of the confinement or harmed by

Question 10

Ex. of confinement methods

Answer 10

• physical barriers
• physical force
• direct threats of force
• indirect threats of force
• threats conditioned on property loss
• failure to provide means of escape
• invalid use of legal authority

Question 11

Moral Persuasion

Answer 11

not enough to constitute force or threat of force

Question 12

IIED elements

Answer 12

1. a volitional act
2. act is extreme and outrageous conduct
3. intent or recklessness to cause severe emotional distress
4. Act is substantial cause of actual damage

Question 13

IIED damage minority rule

Answer 13

requires a physical manifestation

Question 14

IIED outrageous requirement

Answer 14

conduct must be so outrageous that the rsbl person would be caused “severe” emotional distress, not “mere” emotional distress

Question 15

Trespass to Land elements

Answer 15

1. volitional act of physical invasion onto real property in the possession of another
2. intent to enter (or remain) or to cause a person or tangible thing to enter (or remain)
3. the is a substantial cause of physical invasion of real property in possession of another

Question 16

Trespass to chattels elements

Answer 16

1. volitional act of interference w the right of possession of another in personal property
2. intent to perform the act of interference
3. the act is a substantial cause of interference in the right of possession of anothers personal property
4. damages

Question 17

Conversion Elements

Answer 17

1. volitional act of domion and control that interferes w the right of possession of another in physical personal property
2. intent to perform the act that interferes w possession
3. the act is a substantial cause of interference so serious it impacts the others right of control and justifies requiring paying the full value of the chattel

Question 18

ways to convert

Answer 18

• stealing it
• transferring it
• refusing to give it back
• substantially changing it
• destroying it
• misusing it