Intentional Torts

Question 1

Els of intentional torts

Answer 1

vol act
intent (desire or subs certainty)
causation
harm
no priv or defense

Question 2

battery els

Answer 2

intentional act
harmful or offensive contact
w p or something closely connected thereto

Question 3

assault els

Answer 3

intentional act
causes P to experience a reas apprehension
of an immediate harmful or offensive contact

Question 4

false imprisonment els

Answer 4

intentional act
confinement or restraint
bounded area
P knows or was injured

Question 5

IIED els

Answer 5

intentional or reckless* conduct
extr or outrageous conduct
causes P severe mental distress

Question 6

IIED/ extreme and outrageous conduct: offensive/ insulting lang

Answer 6

not enough unless D is a common carrier or inkeeper

or P is pregnant/ child/ elderly

Question 7

IIED- recovery poss when act was directed at a 3p?

Answer 7

if els of IIED are satisfied +
3p is immediate fam mem of P
P is present at the time
D knows P is there

or

P is present, and such distress results in bod harm

Question 8

Trespass to land els

Answer 8

intentional act
phys invasion
of P’s land- P must possess land or have rt to immediate possession

Question 9

ejectment def and els

Answer 9

action at law to recover poss of RP

proof of legal title
proof of P’s rt to possession
wrongful poss by D

Question 10

trespass to chattels

Answer 10

intentional act
interferes w p’s chattel
causing harm

Question 11

conversion

Answer 11

intentional act
causes destruction of or a substantial interference w p’s chattel

-exercise by D of dominion and control
_________
MD: money can only be converted if it’s segregated and identifiable

Question 12

remedies for conversion

Answer 12

P can elect damages (fair market value at the time of conversion + consequential dmgs)

or replevin/ claim and delivery + damages for its wrongful detention

Question 13

replevin

Answer 13

action at law for recovery of wrongfully taken/ detained personal property

Question 14

Defenses to intentional torts

Answer 14

Priv
o- def of others
p- defense of prop
c- consent
a- authority
n- necessity
s- self def

Question 15

defense to intentional tort available? why?

hosing down a neighbor’s house that is on fire

Answer 15

probably- privilege

-impt pub/ pers interest will be protected

Question 16

defense to intentional tort available? why?

D is running around head butting people at a tailgate. P makes eye contact and gives a “come here” motion; D then headbutts P.

Answer 16

implied consent

a reasonable person would interpret P’s conduct as permission to act

Question 17

defense to intentional tort available? why?

D faints and hits head. P, EMT, gives CPR.

Answer 17

consent as a matter of law.

-P is unable to give express consent
-emergency action to prevent death/ serious inj
-reas person would be expected to consent
no reas exists to believe P wouldn’t consent

Question 18

torts self def els

Answer 18

reasonable belief
reasonable force
imminent and unprivileged attack

maj: NO duty to retreat

MD: duty to retreat

Question 19

defense to intentional tort available? why?

D ties his boat to P’s dock during a dangerous storm.

Answer 19

necessity

• reasonable belief (mistake ok)
• reasonably necessary
• avoid a substantially greater harm

Question 20

def to int tort: necessity- D is resp for

Answer 20

if priv necessity, must pay for damage

if pub necessity, no liability

Question 21

arrest
shopkeeper’s priv
discipline

types of

Answer 21

authority- defense to intentional torts

Question 22

def to int tort: defense of others

Answer 22

Maj: D steps into other’s shoes
MD: honest and reasonable belief ok

Question 23

P sues state of MD because he got beat up by the police. Wants 500k in compensatory and 500k in punitive.

MD’s defense?

Answer 23

Md tort claims act

• immunity only waived for suits under 200k
• md not liable if personnel acted w malice or gross neg
• P can’t be awarded punitive damages.

Question 24

D owns a 7-11. Thinks he sees P stick gum in her pocket. Grabs P’s arm, puts P in a room, gets gum back, holds her til police show up.

maj/ MD defense? Why?

Answer 24

Maj: shopkeeper’s priv defense

• reasonable suspicion
• reasonable force
• on grounds of store or close

MD: probably not/ shopkeeper’s priv

• need PC that P took prop
• can only hold/batter to recover prop or prevent theft, not to hold for punishment
• if no property taken, NOT a defense