Intentional Torts

Question 1

Battery Defined

Answer 1

D must commit a harmful or offensive contact & the contact must be with the P’s person

Question 2

B- Harmful or Offensive Contact

Answer 2

Harmful is something that impairs the body. Offensive is a touching that is unpermitted by a person of reasonable or ordinary sensitivity (objective standard)

Question 3

B- Hypersensitivity

Answer 3

Extreme or hyper sensitivity is not taken into account; but if P makes hypersensitivity known, and the D then subsequently acts on the hypersensitivity, then a battery

Question 4

B- P’s person

Answer 4

P’s person includes anything the P is holding or anything connected to the P

Question 5

Assault Defined

Answer 5

D must place the P in reasonable apprehension and the apprehension must be of an immediate battery

Question 6

A- Apprehension

Answer 6

Apprehension does not require fear, it’s just knowledge

Question 7

A- Immediate battery

Answer 7

Words alone lack immediacy; need overt conduct. Necessary conduct: a menacing gesture. Words can negate immediacy (conditional words or future tense words)

Question 8

False Imprisonment Defined

Answer 8

D must commit an act of restraint and the P must be confined in a bounded area

Question 9

FI- Restraint

Answer 9

Threats are sufficient (has to be a threat that would operate on the mind of a reasonable person). An omission can be an act of restraint, provided there was a preexisting duty between P and D

Question 10

FI-Knowledge

Answer 10

P must either know of the confinement or be harmed by it, in order for the act of restraint to count

Question 11

FI- Bounded Area

Answer 11

An area is bounded even though it does not have specific boundaries; an area is not considered bounded if there is a reasonable means of escape that the P can reasonably discover

Question 12

Intentional Infliction of Emotional Distress (IIED) Defined

Answer 12

D must engage in intentional or reckless outrageous conduct and the P must suffer severe emotional distress

Question 13

IIED- Outrageous Conduct

Answer 13

Conduct is outrageous if it exceeds all bounds of decency tolerated in a civilized society. Mere insults are not sufficient. Hallmarks of outrageousness: conduct in question is continuous or repetitive, D is a common carrier or an innkeeper, P is a member of a fragile class of persons (children, extremely elderly, pregnant women), or deliberately targeting a person’s known emotional sensitivity

Question 14

IIED- Severe Emotional Distress

Answer 14

No particular evidentiary showing required to establish severe distress; do not have to show any particular symptoms or consequences

Question 15

Trespass to Land Defined

Answer 15

D must commit an act of physical invasion which must interfere with P’s exclusive possession of land

Question 16

TL- Entry onto Property

Answer 16

D need not be aware that he has crossed a boundary line; a mistaken entry is still actionable as a trespass

Question 17

TL- Throwing Something on Land

Answer 17

The thing that is propelled onto the land must be physical or intangible. An intangible substance that is propelled onto another person’s land is not a trespass

Question 18

TL- Exclusive Possession

Answer 18

The proper P is whoever is in legal possession of the land, not necessarily the person who owns it. A person’s interest in a parcel of land is not limited to the surface; interest includes the air above and the soil below, but only out to a reasonable distance

Question 19

Trespass to Chattels Defined

Answer 19

Intentional interference with personal property that is minor.

Question 20

TC- Damages

Answer 20

The D can either damage the property or steal the property. The remedy is cost of repair

Question 21

Conversion Defined

Answer 21

Intentional interference with personal property that is significant.

Question 22

C- Damages

Answer 22

The D can either damage the property or steal the property. Remedy is full market value of the item, not merely a cost of rental or repair. Conversion operates as a forced sale.

Question 23

Affirmative Defenses

Answer 23

Consent, Protective Privileges (Self-Defense, Defense of Others, Defense of Property), Necessity (Public & Private)

Question 24

Consent

Answer 24

Defense to all 7 of intentional torts. Only someone with legal capacity can give a valid consent, but minors and disabled can consent to age-appropriate invasions. If D exceeds the scope of the consent given, then D will be held liable for a tort

Question 25

Express Consent

Answer 25

Declaration granting D permission to behave in a certain way that would otherwise be a tort. Exception: Fraud or duress negates/destroys express consent

Question 26

Implied Consent

Answer 26

Usage or Custom: If a P goes to a place or engages in an activity where certain invasions are routine, it is assumed that P agrees to those invasions. Body Language Consent: allows people to rely on social cues; to read the situation.

Question 27

Protective Privileges

Answer 27

Self-Defense, Defense of Others, Defense of Property. Property Timing: may respond to a threat only when the threat is imminent or in progress. Must have reasonable belief that the threat is genuine. Privilege is not lost if make a reasonable mistake.

Question 28

Protective Privileges- Force

Answer 28

Response/force must be what was necessary under the circumstances and no more; may only use proportional force. If threatened with deadly harm, can respond with deadly force. Cannot use deadly force (by person or machine) to protect property alone.

Question 29

Public Necessity

Answer 29

D invades P’s property in an emergency to protect the community as a whole or a significant group of people. D is not liable; absolute defense

Question 30

Private Necessity

Answer 30

D invades P’s property in an emergency to protect an interest of his own. D remains liable for actual damage (compensatory damages) to the property, but not nominal or punitive damages. As long as the emergency continues, the P (owner of property) cannot throw D off the land; but must tolerate presence; P will be liable for any damages done to D if throws D off land