Intentional torts

Question 1

Battery

Answer 1

1. Harmful or offensive conduct
2. to P’s person
3. Intent
4. Causation

• no damages required

Question 2

Assault

Answer 2

1. An act by D creating reasonable apprehension
2. of immediate and offensive contact
3. intent
4. causation

• distinguish fear
• P must have be aware of the threat
• apparent abilty enough
• damages not required

Question 3

False imprisonment

Answer 3

1. confinement or restraining P
2. to a bounded area
3. intent
4. causation

• P must know of confinement/be harmed by it
• no reasonable means of escape known to P
• damages not required

Question 4

IIED

Answer 4

1. extreme and outrageous conduct
2. intent or reckelessness
3. causation
4. damages - severe emotional distress

• actual damages (not nominal) required
• causation in bystander case - P may recover by either prima facie case elements or that (i) he was present when injury occurred, (ii) close relative, (iii) D knew (i)(ii)

Question 5

Tresspass to land

Answer 5

1. Physical invasion of P’s *real property *
2. intent
3. causation

• may be by person/object
• D need ony intend to enter land

Question 6

Tresspass to chattels

Answer 6

1. Interference with P’s right of possession in chattel
2. intent
3. causation
4. damages

• may be intermeddling/dispossession
• intent to do the act of interference sufficient (mistaken belief no defense)

Question 7

Conversion

Answer 7

1. Interference with P’s right of possession
2. so serious that it warrant payment of full value
3. intent
4. causation

• damage award of FMV of chattel at time of conversion

Question 8

Consent

Answer 8

1. Express cosent
   
   1. D not liable if P expressly consents except: (i) mistake if D knew and took advantage, (ii) fraud if it goes to an essential matter, (iii) duress unless threats of future action
2. Implied consent
   
   1. reasonable person woudl infer from custom and usage or P’s conduct
3. Capacity required

Question 9

Self-D, Defense of others, Defense of property

Answer 9

1. Self-defense - may use reasonable force
   
   1. no duty to retreat
   2. not available to initial aggressor unless other party respond by deadly force
   3. may extend to 3rd part injuries
2. Defense of others - may use reasonable force
   
   1. reasonable mistake permitted
3. Defense of Property - may use reasonable force to prevent torts against property. request to desist or leave must be made unless futile or dangerous. one may use force in hot pursuit.

Question 10

Recapture of chattels

Answer 10

When another’s possession wad made lawfully, one may use only peaceful means to recover chattel. Force may be used only in hot pursuit.

• force may not be used against innocent party
• shopkeepers may have privilege to detain for a reasonable period of time individuals suspected of shoplifting

Question 11

Privilege of arrest

Answer 11

1. Felony arrest by police
   
   1. officer must reasonably believe that a felony has been committed and the person he arrests has committed it
   2. reasonable force; deadly force when suspect pose serious harm
2. Felong arrest by private citizen
   
   1. felony in fact must have been committed and citizen must reasonably believe person he arrests did it
   2. reasonable force; deadly force only when suspect pose serious harm
3. Misdemeanor arrest
   
   1. misdemeanor must be breach of peace and committed in arresting party’s presence
   2. reasonable force; deadly force never allowed

Question 12

Necessity

Answer 12

Person may may interfere with real/personal property when it is reasonably and apparently necessary to avoid threatened injury from natural or other force when threatened injury is substantially more serious than the invasion that is undertake to avert it.

• publice necessity - for public good
• private necessity - benefit a limited number of ppl. actor must pay for any injury he causes.