Intentional Torts

Question 1

Intentional torts: prima facie case

Answer 1

1) Act by D: requires some volitional movement
2) Intent: specific or general
-Specific: intent to bring about a specific harm
-General: substantial certainty that tortious conduct will result from D’s act
3) Causation: substantial factor
-D’s conduct must be a substantial factor in bringing about the resulting harm

Question 2

Transferred intent doctine

Answer 2

Arises when D acts with the intent to commit a given tort but:
a) commits original tort against a different person than intended
b) commits a different tort than intended against original person
c) commits different tort against different person than intended
-D’s original intent transfers to the tort actually committed and/or person actually harmed, resulting in D’s liability
-Applies only to: assault, battery, false imprisonment, trespass

Question 3

Intentional torts: trespass

Answer 3

Compensatory (i.e. monetary) damages
-Punitive damages are available for torts committed with malice

Question 4

Assault

Answer 4

An intentional act by D creating P’s reasonable apprehension of immediate harmful or offensive contact to P’s person, or something closely attached to P’s person (e.g. hat, cane)
-Also considered an attempted battery

Question 5

Assault-elements

Answer 5

1) Act by D that creates a reasonable apprehension in P
-“Reasonable apprehension” = P has awareness of D’s act and has a reasonable expectation that it will result in immediate harmful or offensive contact to P’s person
-Note: beware of fact patterns where D appears incapable of accomplishing the threatened harm
-Apparent ability is sufficient, as long as it could reasonably create P’s apprehension

2) Of immediate harmful or offensive contact to P’s person
-P must apprehend an immediate or imminent battery
-Words or threats are usually insufficient, unless coupled with some overt act (e.g. picking up a weapon, clenching fists, etc.)
-Threats of future battery are insufficient

3) Intent
4) Causation

Question 6

Battery

Answer 6

An intentional harmful or offensive contact to P’s person by D

Question 7

Battery-elements

Answer 7

1) Harmful or offensive contact by D
-Harmful contact is contact that causes pain, injury, etc.
-Contact is offensive if it would be considered offensive by a reasonable person and P has not consented

2) To P’s person
-Includes anything closely connected to P’s person (e.g. P’s hat)
3) Intent
4) Causation
-Indirect contact is sufficient: i.e. causing the force that gives rise to harmful or offensive contact
-E.g. greasing a floor so that P will slip and fall

Question 8

False imprisonment

Answer 8

An intentional act by D resulting in P’s restraint or confinement to a bounded area

Question 9

False imprisonment-elements

Answer 9

1) Act (or omission) resulting in P’s restraint or confinement
-Restraint or confinement does not have to be physical
-I.e. threats of force, invalid use of legal authority
-Duration is not important; brief confinement will suffice

2) P is confined to a bounded area
-P must be aware of or harmed by the confinement
-P’s freedom of movement must be limited
-P must not be aware of any reasonable means of escape
-If a reasonable person could get out (e.g. by opening an unlocked door) no false imprisonment

3) Intent
4) Causation

Question 10

Shopkeeper’s privilege

Answer 10

A store may detain a suspected thief if:
1) Store has reasonable cause to believe a theft occurred;
2) Store detains suspect in a reasonable manner (only non-deadly force is permitted) for purposes of investigation; and
3) Detention is reasonable in length and scope
-Shopkeeper may be held liable for any harm caused by acts exceeding the privilege

Question 11

Intentional infliction of emotional distress

Answer 11

Extreme and outrageous conduct by D causing P’s severe emotional distress

Question 12

Intentional infliction of emotional distress-elements

Answer 12

1) Extreme and outrageous conduct by D
-Conduct that exceeds the bounds of decency in society
-Mere insults alone are insufficient
-Conduct must be outrageous to a reasonable person unless:
a) D targets P’s known sensitivity or weakness;
b) D’s conduct is continuous or repetitive
c) D targets a P who is a member of a “fragile” class (e.g. elderly, childnre, pregnant women), or
d) D is a common carrier or innkeeper

2) Severe emotional distress in P
-P must suffer severe emotional distress from D’s conduct
-Physical symptoms are not necessary
-Note: watch for facts indicating extreme, outrageous conduct but P does not suffer severe emotional harm: this is not IIED

3) Intent or recklessness
-Recklessness = D disregards the likely consequences for his acts
4) Causation

Question 13

IIED: Bystander claims for emotional distress

Answer 13

• When D’s conduct is directed at a third person and P (the bystander) suffers severe emotional distress, P must prove the same IIED elements with additional intent and causation requirements
• Note: P does not need to establish additional requirements if P proves D had a design or purpose to causes severe distress to P

Question 14

IIED: Bystander claims for emotional distress-elements

Answer 14

Elements:
1) Extreme and outrageous conduct by D
2) Severe emotional distress in P
3) Intent or recklessness
4) Causation

Additional requirements:
1) P was present at the time
2) P was a close relative of TP, or distress resulted in bodily harm; and
3) D knew these facts

Question 15

Trespass to land

Answer 15

A phsyical entry of P’s real property by D without consent

Question 16

Trespass to land-elements

Answer 16

1) Physical entry of P’s real property by D
-D enters P’s property or propels an object onto it
-E.g. D walks on P’s property, throws a ball onto P’s property, chases someone onto P’s property
-P need only have lawful possession of the property, ownership not required
-Must be a physical invasion
-Invasions by light, sound, smell are not trespass (but may give rise to nuisance)
-P’s real property includes surface space, immediate airspace, and subterranean space to a reasonable distance

2) Intent
-Intent to enter the land will suffice, even if by reasonable mistake
-D does not need to know the land belongs to another
3) Causation

Note: actual damages not required; compare to trespass to chattel and conversion

Question 17

Tresspass to chattel and conversion

Answer 17

Two separate by similar torts; the difference is the level of interference with P’s property and the damages P can recover

Question 18

Tresspass to chattel and conversion-elements

Answer 18

1) D intentionally interfers with P’s right of possession in tangible personal property (chattel)
-Interference usually occurs through dispossession (depriving P of his possessory rights in chattel) or damaging P’s chattel
-Trespass: minor interference or damage
-Conversion: significant interference or damage that justifies D paying the chattel’s full value
-A longer and/or more damaging use of P’s chattel gives rise to conversion

2) Intent
3) Causation

4) Damages: P must have some loss of use
-Trespass: P can recover cost of repair or rental value of chattel
-Conversion: P can recover full market value at the time of conversion or repossess the chattel (replevin)