Intentional Torts

Question 1

Intentional Torts - Intent Defined

Answer 1

• Subjective: depends on the state of mind of the actor at the time
• An actor “intends” the consequence of his action if he desires the consequences or substantially certain that the consequences will result.
  
  • Purpose or knowledge to a substantial certainty
• Transferred Intent: intent can can transfer between people and between torts (not IIED).

Question 2

Intentional Torts to the Person

Answer 2

(1) Battery
(2) Assault
(3) False Imprisonment
(4) Intentional Infliction of Emotional Distress

Question 3

Battery

Answer 3

Prima Facie Case:
(1) Intent - to contact in a prohibited way
(2) Contact - actual physical contact to person or something closely connected to them.
(3) Harmful or offensive to a reasonable person.

Question 4

Assault

Answer 4

Prima Facie Case:
(1) Intent - to ceate a reasonable apprehension of an imminent battery
(2) Actual reasonable apprehension of an imminent battery.
(3) The apparent means to complete a battery.

Question 5

False Imprisonment

Answer 5

Prima Facie Case:
(1) Intent - to confine
(2) Actual complete confinement
Confinement:
- Reasonable means of escape will eliminate liability
- Indirect confinement could be actual (seizing car keys)

Question 6

Intentional Infliction of Emotional Distress (IIED)

Answer 6

Prima Facie Case:
(1) Specific Intent - purpose or knowledge to reasonable certain of creating emotional distress
(2) Extreme or outrageous behavior - beyond the toleration of reasonable members of society
(3) The act causes severe emotional distress
(4) The plaintiff has severe emotional distress.
- Damages are required

Question 7

Intentional Torts to Property

Answer 7

(1) Trespass to Land
(2) Intentional Interference with Movables
(3) Intentional Interference with Contractual Relationship

Question 8

Trespass to Land

Answer 8

Prima Facie Case:
(1) Intent – P/KTSC of entrance
(2) Entrance – actual physical entrance on land of another
- Knowledge – of the land belonging to another is not required. “Just have to have the intent of putting one foot in front of the other”

Question 9

Intentional Interference with Movables

Answer 9

Prima Facie Case:
(1) Intent – to interfere with dominion or use/enjoyment of chattel of another
(2) Interference - substantial dominion or interference with use/enjoyment
- Conversion: damage to a chattel requiring a “forced sale”
- Mistake is not a defense

Question 10

Intentional Interference with Contractual Relationship

Answer 10

Prima Facie Case:
(1) Contract between P and 3P
(2) D must have knowledge of the contract
(3) D intentionally interferes with the contract
(4) Causation of damage

Question 11

Reputational and Informational Torts

Answer 11

(1) Defamation
(2) Invasion of Privacy
(3) Malicious Prosecution and Abuse of Process

Question 12

Defamation

Answer 12

Prima Facie Case:
(1) False and defamatory statements concerning another
(2) Unprivileged publication to a 3P
(3) Fault (negligence or greater) on part of the publisher
(4) Injury (to reputation)

Question 13

Defamation - Notes

Answer 13

• Statement v. Opinion: defamation attaches to statements (capable of proof or disproof), not opinions.
• Publication: requires that the statement be communicated to a 3P
• Falsity: truth is an absolute defense to defamation
• Constitutional & Free Speech:
  
  • Actual Malice: knowledge of falsity or reckless disregard for the truth. It is required for statements about public figures/officials or matters of public concern.
• Absolute Privilege: statements by judges, legislators, witnesses, and attorneys in judicial or legislative proceedings.
• Conditional/Qualified Privilege: peer review; reporting a crime; non-court public statements by attorney; etc.

Question 14

Invasion of Privacy - 4 Branches

Answer 14

(1) Intrusion on seclusion
(2) Appropriation of name or likeness (Publicity)
(3) Publicity given to private life or facts
(4) False light

Question 15

Intrusion on Seclusion

Answer 15

– Classic “peeping Tom” situation
Prima Facie Case:
(1) Intentional intrusion
(2) Upon seclusion
(3) That is highly offense to a reasonable person

Question 16

Publicity

Answer 16

Prima Facie Case:
(1) An appropriation by the D
(2) To his benefit
(3) Of the P’s name or likeness
(4) Without consent
(5) Causing actual damages

Question 17

Public Disclosure of Private Facts

Answer 17

Prima Facie Case:
(1) Publicity to public
(2) About private life
(3) Highly offensive and not of reasonable importance to the public

Question 18

False Light

Answer 18

Occurs when a person’s name/picture is used to falsely attribute views or actions to them (implying they endorsed a product w/o consent).

Question 19

Malicious Prosecution and Abuse of Process

Answer 19

Malicious Prosecution
- Prima Facie Case:
(1) An original criminal or civil proceeding
(2) With P in the malicious prosecution action as D in the original proceeding
(3) Termination of the original proceeding in favor of the malicious prosecution P
(4) Absence of probable cause for the original proceeding; and
(5) Damages

Abuse of Process
- Prima Facie Case:
(1) Ulterior purpose; and
(2) Willful act in the use of process that is improper

Malicious prosecution involves wrongfully initiating the proceeding, while abuse of process involves wrongfully using procedure.

Question 20

Defenses - Intentional Torts

Answer 20

(1) Consent
(2) Self-Defense
(3) Defense of Others
(4) Arrest and Detention
(5)
(6) Deadly Force and Statutory Immunity
(7) Necessity

Question 21

Consent - Int. Tort Defense

Answer 21

• Consent is invalid if obtained through fraud, duress, or misrepresentation but valid if given by mistake.
  
  • Consent may be implied by the facts and circumstances.

Question 22

Self-Defense - Int. Tort

Answer 22

• An actor may defend themselves if they have reasonable grounds to believe it is necessary.
  
  • Only reasonable force may be used; excessive force exceeds the scope of the privilege.

Question 23

Defense of Others - Int. Tort

Answer 23

• One may defend others to the same extent that the third party could defend themselves.
  
  • The defendant bears the risk of mistake.
  • Parents have a statutory privilege to defend their children

Question 24

Arrest and Detention - Int. Tort

Answer 24

• Police officers acting under a proper warrant are privileged in their actions necessary for arrest and detention.
  
  • Store owners can detain a person for up to 60 minutes if there is reasonable belief of theft.

Question 25

Defense of Property and Recapture of Chattels

Answer 25

• Reasonable Force: The possessor of property may use reasonable force to protect it but cannot use deadly or excessive force.
• Recapture/Hot Pursuit: The owner of a wrongfully taken chattel may recapture it using reasonable force if in hot pursuit. Store owners have similar privileges. The defendant bears the risk of mistake.

Question 26

Deadly Force and Statutory Immunity

Answer 26

• Statutory Immunity: Louisiana immunizes individuals using reasonable and necessary or deadly force to prevent a forcible offense against their person or property, particularly in carjackings and home invasions.
• Companion Act: Presumes reasonable belief for occupants of dwellings and autos, negates the duty to retreat before using deadly force, and awards reasonable attorneys’ fees, damages, and expenses if the defendant is found immune.

Question 27

Necessity - Int. Tort Defense

Answer 27

Public vs. Private Necessity:
- Necessity allows trespassing to result in a greater good, usually saving lives. Public necessity benefits the public, while private necessity benefits an individual but may require compensation for damages.