Intentional Torts

Question 1

Intent

Answer 1

purpose or substantial certainty that contact will occur

Question 2

Offensive

Answer 2

Reasonable person standard

Question 3

Transferred Intent

Answer 3

Intent transfers amongst intentional torts and victims

Question 4

Battery

Answer 4

Intent, cause, harm

Question 5

Egg Shell Skull Rule

Answer 5

Take your plaintiff as you found him, liable for all damages if you intended contact

Question 6

Assault

Answer 6

intent, scare

Question 7

False Imprisonment

Answer 7

intent, confine, aware/harm

Question 8

Shopkeeper’s Privilege

Answer 8

Shopkeepers may hold a person suspected of shoplifting if their behavior is reasonable

Question 9

IIED

Answer 9

intent/recklessness, outrageous, extreme distress

Question 10

Trespass to land

Answer 10

intent to be in the land, not to trespass

Question 11

Conversion

Answer 11

pay full value of what you took

Question 12

Trespass to Chattel

Answer 12

less than conversion, pay some of it

Question 13

Umbrella Intentional Tort

Answer 13

An actor who intentionally causes harm is subject to liability for that harm

Question 14

Consent

Answer 14

consent in fact and apparent consent

Question 15

Fraud/non-disclosure

Answer 15

“I didn’t know!”

Question 16

Informed Consent

Answer 16

1. Duty to inform of risks and alternatives
2. Information not shared was causation
3. Injury occurred

Question 17

Duress

Answer 17

“I was forced to consent!”

Question 18

Limited Capacity and Intoxication

Answer 18

“I could not have consented!”

Question 19

Self-defense

Answer 19

reasonable reaction not response

Question 20

Deadly force

Answer 20

usually must be necessary

Question 21

Castle Rule

Answer 21

force can be NOT necessary if you are home

Question 22

Stand Your Ground Laws

Answer 22

Florida allows force not necessary and not home

Question 23

Non-Deadly force

Answer 23

not necessary; It cannot be a retaliation, it must be a defense to protect

Question 24

Defense of Others

Answer 24

You may use non-deadly force against imminent apprehension onto another person

Question 25

Defense of Property

Answer 25

You may only use reasonable force that is non-deadly and has given notice to protect your property

Question 26

Recovery of Property

Answer 26

only defense in hot pursuit

Question 27

Necessity

Answer 27

You may have a necessary reason to commit a tort but the plaintiff also has a right to be compensated for injury

Question 28

Umbrella Justification Defense

Answer 28

Justified by the jury