Intentional Torts

Question 1

NIED

Answer 1

The defendant acted negligently, the plaintiff was in the zone of danger, and the plaintiff suffered severe emotional distress. In Florida, the plaintiff must also suffer physical harm from the negligent conduct.

Question 2

IIED

Answer 2

The defendant intended or recklessly acted in an extreme and outrageous way, causing the plaintiff severe emotional distress. Physical harm is not required for IIED.

Question 3

Assault

Answer 3

Reasonable apprehension of an immediate battery. Apprehension in this circumstance is knowledge.

Question 4

Battery

Answer 4

Harmful or offensive contact with plaintiff’s person. Offensive contact means unwanted contact that would be considered offensive by a reasonable person of ordinary sensibilities.
Extended personality: Battery can extend to anything the plaintiff is holding or touching.

Question 5

Trespass to Land

Answer 5

Defendant commits an act of physical invasion of land. A physical invasion must be by the person (even if unaware he crossed boundary, as long as deliberately went onto the land) or by an object. The land includes the air and soil to a reasonable extent.

Question 6

False Imprisonment

Answer 6

An act of restraint in which the plaintiff is confined in bounded area.

Question 7

Defense to False Imprisonment

Answer 7

Shopkeepers privilege: A shopkeeper may confine a person whom the shopkeeper reasonably believes committed a theft. The shopkeeper can use non deadly means and the detention must be of a reasonable manner and for a reasonable time. The force used must be reasonable and proportionate.

Question 8

IIED

Answer 8

Extreme and outrageous conduct that causes severe emotional distress. Extreme and outrageous conduct is conduct that exceeds all bounds of decency tolerated in a civilized society.

Question 9

Trespass to Chattels

Answer 9

Intentional interference with plaintiff’s personal property that warrants defendant to pay damages

Question 10

Conversion

Answer 10

Intentional interference with plaintiff’s personal property that warrants defendant to pay the fair market value of the chattel at the time of the taking.

Question 11

Defenses to Intentional Torts

Answer 11

1. Consent: express or implied.
2. Public necessity: defendant act in emergency to protect community. This is an absolute defense.
3. Private necessity: defendant acts in emergency to protect his own interests . This is a limited/qualified defense, which means the defendant will have to pay compensatory damages for any damages caused. The defendant is privileged until the emergency is over.
4. Defense of Self/Others/Property: A defendant can use this defense if the threat was imminent and they responded with reasonable accuracy, even if their belief turns out to be mistaken.