Intentional Torts

Question 1

Elements of Battery

Answer 1

1. Voluntary act
2. Purposive intent to commit harmful/offensive contact- or knowledge to a substantial certainty that contact will occur
3. contact results

Question 2

Single intent- battery

Answer 2

∆ must have intent to contact that later becomes harmful/offensive

Question 3

Dual Intent

Answer 3

∆ must have intent to contact AND that the intent is harmful/offensive

Question 4

Garret V Dailey- intent

Answer 4

element of intent cannot be satisfied if there is no knowledge that the contact would result from the action

Question 5

Waters v. Blackshear

Answer 5

element of intent is still satisfied even if ∆ did not intend the extent of the resulting harm

Question 6

Fischer

Answer 6

Actual physical contact not necessary- element can still be satisfied if contact was w an object close to the body

Question 7

Richardson

Answer 7

Unlawful touching may be indirect

Question 8

Eichenwald

Answer 8

Physical contact need not always be w the physical body of π (GIF sent that triggers an epileptic episode)

Question 9

Nelson

Answer 9

General intent to cause harmful/offensive contact sufficient to satisfy element of intent

Question 10

White

Answer 10

Dual intent jurisdictions; Ct needs proof that harmful consequences intended when making the contact

Question 11

Elements of assault

Answer 11

1. Voluntary act
2. Intent to cause victim to suffer apprehension of imminent harmful contact
3. Victim must experience reasonable and imminent apprehension of harmful contact

Question 12

Contingent threats

Answer 12

Not assault- they’re not imminent

Question 13

Reasonable person standard- assault

Answer 13

for element 3 to be satisfied, the apprehension of harm π feels must also be one that could be aroused in the mind of a reasonable objective person

Question 14

Transfer of intent: assault to battery

Answer 14

actor intends to put someone in apprehension of harmful/offensive contact –> the contact results= actor liable for battery

Question 15

Transfer of intent 3rd party

Answer 15

if someone intends assault/battery on one person, but makes contact w another, actor liable to 3rd party person

Question 16

Elements of False Imprisonment

Answer 16

1. Voluntary act
2. intent to confine or KSWC that confinement will occur
3. resulting confinement w/in boundaries
4. victim conscious of confinement and harmed by it

Question 17

What confinement can be

Answer 17

Physical barriers, force, threats of force, false assertions of legal authority, etc.

Question 18

reasonable means of escape

Answer 18

no confinement if there is another reasonable means of escape that is known to the π, and also reasonable (jumping out of a second story window= not reasonable)

Question 19

Shopkeepers privlege

Answer 19

Store is able to confine someone who they have reasonable belief is shoplifting for a reasonable time and in a reasonable manner

Question 20

scope of confinement

Answer 20

Confinement must be total. not being able to go one place you want to go= not false imprisonment

Question 21

Trespass

Answer 21

when ∆ intentional act causes a physical invasion of the land of another

Question 22

intent in trespass

Answer 22

Intent to satisfy this is just an intent to be on the land

Question 23

Good faith defense? Trespass

Answer 23

No good faith argument. Merely invading the land is enough to be liable irregardless of a belief that you’re allowed to be there

Question 24

Ways to trespass

Answer 24

Physically enter a property, leave an object on a property, effect a property (dogging a drain in Shymkiv)

Question 25

Trespass to chattel

Answer 25

intentional act by ∆ to interfere w πs chattel- ∆ liable for damage to it

Question 26

Conversion

Answer 26

intentional act by ∆ that causes destruction or substantial interference w πs chattel

Question 27

Elements of IIED

Answer 27

1. Outrageous conduct by ∆
2. intention causing reckless disregard for probability of emotional distress
3. π’s severe emotional distress
4. actual causation of emotional distress by ∆s conduct

Question 28

outrageous conduct

Answer 28

conduct that offends all bounds of decency in a society- otherwise permissible conduct could become outrageous if by a person in a position of power