Intentional Torts

Question 1

Intentional Torts to the Person

Answer 1

Battery, Assault, False Imprisonment, Intentional infliction of Emotional Distress

Question 2

Intentional Torts to Property

Answer 2

Trespass to Land, Trespass to Chattels, Conversion

Question 3

Prima Facie Case

Answer 3

I. Act
II. Intent
III. Causation

Question 4

I. Act

Answer 4

Any volitional movement by Defendant.

e.g. of NOT volitional– Lulu strikes C during epileptic attack.

Question 5

II. Intent

Answer 5

1) Substantial Certainty
2) Incapacitated Defendant
3) Transferred Intent

Question 6

II. Intent

1) Substantial Certainty

Answer 6

Intent exists if D knows with substantial certainty these consequences will result.

Question 7

II. Intent

2) Incapacitated Defendant

Answer 7

[Includes young children, mental incompetents, very drunk persons.]
EVERYONE is liable for intentional Torts

AVOID: exam answer: D cannot be held liable bc he/she lacked capacity to have intent. ITS WRONG.

Question 8

II. Intent

3) Transferred Intent

Answer 8

Intent can be transferred from (i) person to person and (ii) tort to tort.
applies to: battery, assault, FI, TL, TC.

Question 9

III. Causation

Answer 9

Causation exists if D’s conduct was a substantial factor in bringing about the result.

Question 10

Supersensitive Plaintiff

Answer 10

Rule: P’s super sensitivities are irrelevant
Exception: D, in fact, KNEW of them.
Basically treat P as avg person –subject to the exception.

Question 11

Battery

Answer 11

(i) harmful or offensive contact
a) offensive contact = unpermitted contact
b) supersensitive P rule applies
(ii) with plaintiff’s person
a) do not have to actually touch. Includes ANYTHING connected to P’s person (liberal).

Question 12

Assault

Answer 12

(i) Apprehension – must be reasonable
a) still rem supersensitive rule
b) Not same as fear or intimidation
c) Apparent ability creates reasonable apprehension.
(ii) of an immediate battery
a) immediacy
b) Words rule–> words coupled with conduct. If just words try emotional distress.

Question 13

Battery v. Assault

Answer 13

If both work: Battery WINS

Question 14

False Imprisonment

Answer 14

(i) Sufficient Act of Restraint

(ii) Bounded Area

Question 15

FI: (i) Sufficient Act of Restraint

Answer 15

i) Threats are enough
ii) Inaction enough if understanding that D would do something.
iii) short Time period suffices
iv) Knowledge
a) exception: confinement actually injures P

Question 16

FI: (ii) Bounded Area

Answer 16

P’s freedom of movement in ALL directions is limited.

An area is NOT bounded is there is reasonable escape AND P knows of it.

Question 17

Intentional Infliction of Emotional DIstress

Answer 17

(i) Outrageous Conduct: that is extreme
a) When normally non-outrageous conduct is outrageous: continuous; type of P (kid or elderly); and type of D
b) Re,: common carrier/innkeeper rules only apply if P is a passenger or a guest.
(ii) Damages: physical injury not required but clear proof of SUBSTANTIAL emotional distress.

Question 18

Trespass to Land

Answer 18

(i) Act of physical invasion by D
a) D doesn’t have to personally go on land.
b) But requires some physical object
(ii) Of P’s land: surface and reasonable distance of the space going up and down from surface.

Question 19

Trespass To Chattels and Conversion

Answer 19

Some Damage: Trespass to Chattels (damages–cost of repair)
A lot of Damage: Conversion(Full fair market value).
Damage: physical damage and/or dispossession

Question 20

Defenses to Intentional Torts

Answer 20

I. Consent
II. Defense Privileges: Self Defense, Defense of others; and defense of property
III. Necessity

Question 21

Defense: Consent

Answer 21

• Can be used for defamation and privacy
  1) determine if P had capacity
  2) Determine if consent was Express or Implied
  3) Determine if D stayed within the boundaries

Question 22

Capacity

Answer 22

If no capacity then no consent. Limited exception: where consent is implied by law, eg. emergencies)

Question 23

Express Consent

Answer 23

Words were used.

if it exists– go back and look for: mistake, fraud, coercion (because if sufficient, facts can undo express consent).

Question 24

Implied Consent

Answer 24

A) Apparent Implied Consent: Custom and Usage
AND/OR
P’s conduct
B) Implied by Law (emergencies).

Question 25

Defense: The Defense Privileges

Answer 25

1) Timing requirement:
2) Defense Test:
3) Proper amount of force to be used

Question 26

Defense Privileges: Timing Requirement

Answer 26

Now occurring or just about to occur.

a)Hot pursuit: if in pursuit of someone who has wrongfully taken chattel, tort is still occurring.

Question 27

Defense Privileges: Defense Test

Answer 27

One need only have REASONABLE belief that tort is being committed.
a)No duty to retreat before using self-defense

Question 28

Defense Privileges: Proper Force

Answer 28

Proper amount of force to be used

 a) self defense and defense of others: Reasonable force (even deadly force).
 b) defense of property: one may use reasonable force never to include force calculated to bring about serious bodily harm.

Question 29

Defense: Necessity

Answer 29

1) Make sure tort defended against is property tort
2) Determine if public or private necessity
a) Public: benefit of many and is an absolute, unlimited privilege (NO liability).
b) Private: benefit of limited number and is a limited privilege and D with be liable for actual damage
* *Necessity prevails over defense of property

Question 30

KANSAS: Special liability for Mishandling Corpses

Answer 30

For an individual to be liable for emotion distress for interfering with a dead body, the act must be intentional or malicious (as opposed to negligent) interference with the P’s right to the body, and the interference must be the proximate cause of P’s mental anguish and/or physical illness. [Burgess v. Perdue]

Question 31

KANSAS: Intentional Torts to Property

*Trespass to Land**

Answer 31

INTENT REQUIRED ** some level of intent
*Absent a purpose to enter or a substantial certainty that entry will result, mere knowledge that entry has occurred is not enough to establish a claim for trespass under a theory of constructive intent.

Question 32

KANSAS: Defense to IT

* Recapture of Chattels–Shopkeeper’s privilege

Answer 32

KS extends a special privilege to a merchant (or a merchant’s agent or EE) who has probable cause to believe that a person has actual possession of and has wrongfully take or is about to take merchandise from a store. The merchant may detain th person on the premises or in the immediate vicinity, for a reasonable period of time to investigate.