Intentional Torts

Question 1

Prima Facie Case for Intentional Tort?

Answer 1

1) An act by defendant
2) Intent by defendant
3) Causation of the result to the plaintiff from the defendant’s act

Question 2

What type of act is required for an an intentional tort?

Answer 2

A volitional movement.

Question 3

What type of intent for an intentional tort?

Answer 3

The intent to bring about the forbidden consequences at the basis of the tort but D does not need to intend specific injury that results.

Question 4

Transferred Intent?

Answer 4

D intends to commit a tort against one person but instead:
1) Commits a different tort against that person
2) Commits the same tort as intended but against a different person
3) Commits a different tort against a different person.

Question 5

What can transferred Intent be invoked on?

Answer 5

Tort intended and tort that results need both be:
1) Assault
2) Battery
3) False Imprisonment
4) Trespass to Land
5) Trespass to chattles

Question 6

Who is capable of intent of intent for Intentional Torts?

Answer 6

Anyone – even young children and incompetents. Incapacity is not a good defense.

Question 7

Causation?

Answer 7

Legally caused by defendant’s act or a substantial factor in setting in motion the injury.

Question 8

Battery?

Answer 8

1)Harmful or
2)offensive contact
3)with the plaintiff’s person
4)directly or indirectly caused by the defendant.

Question 9

Harmful contact?

Answer 9

Harmful if it causes actual injury, pain, or disfigurement.

Question 10

Offensive contact?

Answer 10

Unpermitted contact that would be offensive to a reasonable person.

Question 11

When is consent implied for contact?

Answer 11

Ordinary every day life – minor bumping on a crowded bus.

Question 12

Indirect contact?

Answer 12

Setting a trap for P to fall into.

Question 13

Damages?

Answer 13

Not required – can recover nominal damages even if actual are not proved.

Question 14

Damages for malicious conduct?

Answer 14

Punitive.

Question 15

Assault?

Answer 15

1) Act by the defendant
2) That P knows of
3) which creates a Reasonable apprehension in Plaintiff
4) of an immediate battery (harmful or offensive conduct)

Question 16

Apprehension?

Answer 16

It’s D’s apparent ability to commit battery. It’s not fear or intimidation. A weakling can cause a bully to apprehend offensive contact for Assault.

Question 17

Words in Assault context?

Answer 17

1) Words alone are not enough. They must be coupled with conduct.
2) Words can negate a reasonable apprehension.

Question 18

What’s time time element of assault?

Answer 18

Immediacy. P must be apprehensive of immediate battery.

Question 19

Damages in Assault?

Answer 19

No need to prove actual. D can recover nominal.
Malicious conduct may be punitive damages.

Question 20

False Imprisonment

Answer 20

1) Act or Omission
2) By defendant
3) that confines or restrains P
4) To a bounded area
5) with no reasonable means of escape
6) That P knows of
7) or is harmed by it.

Question 21

Sufficient Methods of confinement or Restraint for FI?

Answer 21

1) Barriers
2) Physical force against P, immediate family or P property (snatching purse)
3) Direct or indirect or implied Threats of force
4) Failure to release P under a legal duty to do so (taxi driver) (air plane handicap person)
5) invalid use of Legal auth. (false arrest)

Question 22

Insufficient methods of confine. Restrain for FI?

Answer 22

Moral pressure, future threats

Question 23

Time element of FI?

Answer 23

Irrelevant?

Question 24

Awareness for FI?

Answer 24

P must know of confinement or be harmed by it.

Question 25

Bounded?

Answer 25

1) Freedom of movement must be restrained
2)with no reasonable means of escape
3) that are known to plaintiff.

Question 26

Damages for FI?

Answer 26

Not required to prove.

Question 27

Intentional Infliction of Emotional Distress?

Answer 27

1) A reckless act by D
2) that is extreme and outrageous conduct
3) and Plaintiff must suffer severe emotional distress.

Question 28

What type of conduct triggers IIED?

Answer 28

Extreme and outrageous conduct that transcends all bounds of decency.

Question 29

How can conduct be elevated for purposes of IIED?

Answer 29

If
A.) It’s continuous
or
B.) committed by a certain type of Defendant
C). It’s directed toward a certain type of P.

Question 30

What type of D’s can elevate conduct for IIED?

Answer 30

Common carriers/ inn keepers (can be liable for gross insults)

Question 31

What type of P can elevate?

Answer 31

1)Children,
2)elderly
3)pregnant
4) Super sensitive adults if sensitivities known to D

Question 32

What is requisite intent for Int Torts?

Answer 32

Just recklessness to the effect of D’s conduct.

Question 33

Damages for IIED?

Answer 33

Actual damages of severe emotional distress must be shown.

Question 34

Do physical damages need to be shown for IIED?

Answer 34

No.

Question 35

Is IIED a sliding scale damages wise?

Answer 35

Yes, more outrageous conduct by D, less proof of damage needed.

Question 36

Which intentional tort requires damages to be shown?

Answer 36

Intentional infliction of Emotional distress?

Question 37

Bystander Intentional infliction of Emotional distress?

Answer 37

Show EITHER
1) prima facie Case elements of ED
2) Distress resulted in bodily harm to P
3) Plaintiff is a close relative of victim
4) Defendant knew these things.

Question 38

How should you use IIED on an essay?

Answer 38

As a fall back position. If another alternative tort is available that will allow recovery choose that one.