Intentional Torts

Question 1

Battery

Answer 1

1. Intent
2. Harmful or offensive contact

Question 2

Assault

Answer 2

Assault: intentional act or conduct which causes reasonable apprehension of an imminent harmful or offensive contact
o Has nothing to do with a battery
o Imminent: about to happen.
 When your going back and forth and unsure if its imminent pick the answer talking about imminent cause that the element they’re testing you on.
o There doesn’t have to be a contact, I just have to make you scared
1. Intent
2. Reasonable apprehension of an imminent battery

Reasonable fear of a battery

Question 3

Trespass to Chattel

Answer 3

Trespass to chattel: Intentionally interfering with the use of another’s chattel, or property.
o I take your stuff, laptop phone, ect. Im using it so you cant use it.
o Key youre going to end up getting it back. Im going to owe you for the actual damages I caused to the property
1. Intent
2. interference with use
3. Remedy= actual damages

Question 4

Conversion

Answer 4

Conversion: An intentional act which substantially interferes with the use of another’s property but the property is now lost or destroyed or gone
o I convert your property to my own. My interference was so substantial its lost, destroyed or gone
o Therefore I would owe you the value of the property at the time of the conversion
o I don’t need to intentionally take your property wanting to do something bad no need ill will. As long as im intentionally taking that nuf.
1. Intent
2. Substantial interference with use
3. Remedy= value of property at conversion

Question 5

Trespass to land

Answer 5

Trespass to land: intentionally entering the land of another
o As long as I consciously (intentionally) walk from here to there, I dont have to know whos land im entering
o No damage has to occur to the property. It’s the physical entering the land of another
1. Intent
2. Enter the land of another

Question 6

Intentional Infliction of Emotional Distress

Answer 6

Intentional Infliction of Emotional Distress: intent or reckless conduct can be intentional or reckless conduct ie malice= recklessness, extreme and outrageous conduct causing you severe emotional distress
o 2 people in IIED, im doing something against you
o All you have to suffer is emotional distress- you feel really bad.
o You don’t have to suffer a physical harm.
1. Intent or recklessness/malice
2. Extreme & outrageous conduct
3. Severe emotional distress

Question 7

Bystander IIED Cases

Answer 7

Bystander IIED cases
o For this rule to apply, there must be 3 people, There must be a bystander.

Question 8

Family Member Bystander IIED

Answer 8

Family member Bystander IIED
* If the bystander is a close fam member of the P the D knows that the bystander is there and the bystander suffers emotional distress
1. Close family member
2. Defendant had knowledge
3. Severe emotional distress

Question 9

Non- Family Member Bystander IIED

Answer 9

Non-Family member Bystander IIED
* If the bystander is not a close fam member than the bystander has to suffer physical harm. Something physical must happen to them

Question 10

False Imprisonment

Answer 10

False imprisonment
* Intentional act placing the P in the confined bounded area with no means of escape and the P is aware of the confinement
1. Intent
2. Confined, bounded area
3. Aware of confinement

Question 11

Shopkeeper Privilege

Answer 11

Shopkeeper privilege
There needs to be some sort of shop a merchant. If they are in the store and they have reasonable suspicion that someone is stealing, they can detain them for a reasonable amount of time.

o Once its on fence its testing on the element of whether it was reasonable and shut up and pick only answer that deals with reasonable.

Question 12

Negligent Trespass to land

Answer 12

Negligent Trespass to land
* You negligently enter the land of another.
o Will be liable if cause damage on their land
o Ie: Texting and driving and swerve off road onto the property of another

Question 13

Negligent Infliction of Emotional Distress NIED

Answer 13

• I acted negligently; I did something negligent. You were in the zone of danger for my actions and I caused you sever emotional distress and physical harm
  1. Negligent conduct
  2. Zone of danger
  3. Severe emotional Distress and physical harm
  o If there is a bystander and u did it negligently make sure theyre testing you on the bystander version.
   If I act negligently and the car almost hit you, you freak out fall and break ur leg. (that negligent IIED). If someone (your mom) saw the car swerve and almost hit you and shes freaked out that’s enough for her to bring a claim.
  o Bystander for negligent IIED, the bystander must be a close fam member and emotional distress is enough.
  o If person is not a fam member theyre out of luck. They cannot bring a claim
  o AKA Bystander Rule NIED
   Close fam member
   Emotional distress

Question 14

Handling of dead bodies

Answer 14

Handling of dead bodies

1. Negligent handling of a corpse
2. No physical harm required

Question 15

Transferred Intent

Answer 15

Transferred intent
* If I want to hit you, I have the intent but I miss and hit Bob. I will be liable to Bob for the battery because my intent to you transfers to Bob.
o Look for id D doing something intentionally to you and if ans yes but something happ to B then D will still be liable for what did to B.

Question 16

Consent

Answer 16

Consent
The P gives implied or express consent for 1 of torts to occur they cannot sue.
o You cannot exceed the scope of the consent.

 Ie: plying sport and they always push each other. Some of that contact is implied because that’s how game played. U consenting to norm pushing. If someone gets mad and knocks guy out with brass knuckles they exceeding that scope of the consent. And they can sue for that intentional tort.

Question 17

Self Defense

Answer 17

Self defense
* If you are in reasonable belief that someone is going to hurt you then you can defend yourself with the same amount of force that is about to happen to you

Question 18

Defense of others

Answer 18

Defense of others
* I can come to the defense of a third person and long as I reasonably believe its necessary to defend that person. AKA reasonable belief that that third party is about to be injured.

Question 19

Defense of property

Answer 19

Defense of property
* You can use reasonable force to defend your property if you have a reasonable belief that you can stop the invasion of the property of the land.
o Can never use deadly force unless there is a threat to a person

Question 20

Private Necessity

Answer 20

Private necessity
* A defense if you literally its necessary you have to come onto someone’s land.
o You can trespass if its necessary to save my life
 Ie: plane flying over land about to crash and its necessary to land on the land to save your life allowed.
o But you will still have to pay for any damages that you do to the property.
o AKA: Defense to trespass
o Liable for any damages to property

Question 21

Public Necessity

Answer 21

Public necessity
* Its necessary to come onto someone’s land to prevent public harm
o Not liable for damages to the property.
* Public no pay for damages private will pay for damages