Intentional Torts

Question 1

What are the elements of Battery?

Answer 1

Elements: (1) Intent to cause a (2) Harmful or offensive contact (3) with the person of another or third person (4) harmful or offensive conduct occurs.

Question 2

What is the difference between harmful and offensive contact in Battery?

Answer 2

Offensive is without consent; Harmful is with injury.

Question 3

What is the Crowded World Doctrine?

Answer 3

The idea that there is an appropriate amount of contact that exists (bumping into someone, tapping their shoulder). If a reasonable person could tolerate the contact, it is a reasonable touch.

Question 4

What are the elements of Assault?

Answer 4

Elements: (1) Intentional creation of (2) reasonable apprehension of (3) imminent (4) harmful or offensive contact.

Question 5

What does reasonable apprehension mean?

Answer 5

A reasonable person thinks they are about to be harmed

Question 6

What does ‘imminent’ mean in the context of Assault?

Answer 6

‘Imminent’ means ‘then and there.’

Question 7

What are the elements of False Imprisonment?

Answer 7

Elements: (1) Unlawful (2) Physical restraint within the boundaries fixed by the actor (3) without consent. (4) Individual must be conscious of the confinement OR harmed by the confinement.

Question 8

Elements of Intentional Infliction of Emotional Distress (IIED)?

Answer 8

Elements: (1) Intentional (2) extreme and outrageous conduct (3) with a causal relationship to (4) severe emotional distress.

Question 9

What is the reasonable person test in IIED?

Answer 9

Would a reasonable person suffer shock or damage?

Question 10

What are the elements of Trespass to Land?

Answer 10

Elements: (1) Intentional act (2) physical and unprivileged (3) intrusion of the real property of another.

Question 11

What are the elements of Trespass to Chattels (TTC)?

Answer 11

Elements: (1) intentionally (2) using or intermeddling with (3) the chattel in possession of another.

Question 12

What are the elements of Conversion?

Answer 12

Elements: (1) Intentional (2) exercise of dominion or control over a chattel (3) which so seriously interferes with the right of another to control it (4) that the actor should have to pay the owner full value.

Question 13

What is the principle of Consent in tort law?

Answer 13

When one’s overt acts and outward manifestations of intent indicate consent to physical contact in light of the surrounding circumstances, the making of such physical contact is consensual and therefore lawful.

Question 14

What is Self-Defense?

Answer 14

Anyone can use reasonable force to protect themselves from the reasonable imminent danger of a battery.

Question 15

What is Defense of Others?

Answer 15

Intervening party must put themselves in the shoes of the party being attacked.

Question 16

What is the principle of Defense of Property?

Answer 16

Human life overrules property interests. You cannot willfully or intentionally kill someone to protect property.

Question 17

What are the elements of Necessity?

Answer 17

Elements: (1) Real danger and (2) public necessity.

Question 18

Can I argue necessity if I HAD to save my boat, car, or house?

Answer 18

No. Private necessity is not a privilage

Question 19

What is the Authority of Law in tort law?

Answer 19

If the defendant is duly commanded or authorized by law to perform acts that would otherwise be tortious, they cannot be held liable.

Question 20

What is the privilege of Discipline?

Answer 20

Parent, teacher, guardian, and other figures of authority temporarily responsible for a child may be protected by the privilege of discipline.

Question 21

What is Justification in tort law?

Answer 21

Generally, reasonable restraint, detention, or force can be used to prevent another from inflicting personal injuries, damaging property.

Question 22

What 5 intentional torts can transfer intent

Answer 22

battery, assault, false imprisonment, trespass to land or chattels