Intentional Torts

Question 1

Battery

Answer 1

Intentionally causing harmful or offensive contact.

Question 2

Act

Answer 2

Volitional movement of the body (unconscious acts are not volitional).

Question 3

Intent

Answer 3

Acting for purpose of causing offensive or harmful contact, or knowing to a substantial certainty that a harmful or offensive contact will be produced.

Question 4

Transferred Intent

Answer 4

If Defendant acts intending to cause battery, assault, false imprisonment, trespass to land, or trespass to chattels, he will be liable even if particular contact to Plaintiff is unexpected.

Question 5

Harmful/ offensive contact

Answer 5

Must involve contact with Plaintiff’s person or something closely associated with Plaintiff. Contact is harmful if it injures, disfigures, or impairs the body. Contact is offensive if it would offense a reasonable person’s sense of dignity.

Question 6

Causation

Answer 6

Defendant’s conduct must directly or indirectly bring about the injury. Setting in motion the force that causes the injury is sufficient.

Question 7

Damages

Answer 7

Actual damages are not required. Compensatory damages for pain and suffering, etc. and punitive damages (if Defendant acted maliciously) are recoverable.

Question 8

Assault

Answer 8

Reasonable apprehension of harmful or offensive contact.

Question 9

Apprehension

Answer 9

Plaintiff must be placed in reasonable apprehension of an imminent harmful or offensive contact (of Plaintiff, not someone else) and must be subjectively aware of the threat at the time thereof.

Threat of imminent harmful or offensive contact is required. Words may negate the threat (where threat is of future harm). However a conditional threat may be an assault where Defendant is not privileged to make a threat.

Question 10

False imprisonment

Answer 10

Defendant intends to confine Plaintiff to a specific area, a confinement, and causation.

Question 11

Intentional Infliction of Emotional Distress

Answer 11

Extreme and outrageous conduct by Defendant
Intent to cause severe emotional distress
Causation
Actual severe emotional distress

Question 12

Actual (express) consent

Answer 12

Affirmative defense.

Question 13

Apparent Consent

Answer 13

What a reasonable person would infer from custom or from Plaintiff’s conduct.

Question 14

Consent Implied by Law

Answer 14

If necessary to save a life or other important interest and Plaintiff is unconscious or unable to consider matter, immediate decision is necessary, there is no reason to believe Plaintiff wold withhold consent if able, and a reasonable person in Plaintiff’s position would consent.

Question 15

Dimensions of Consent

Answer 15

Scope of Consent, Capacity to Consent, Consent to Illegal Conduct.

Question 16

Self-defense

Answer 16

Right for civilians to act with reasonable force for sake defending one’s life or lives of others.

Question 17

Public Necessity

Answer 17

An actor destroys property for benefit of public at large. Use of private property by a public official for a public reason.The potential harm to society necessitates the destruction or use of private property for greater good.

Question 18

Private Necessity

Answer 18

The use of another’s property for private purposes. It can prevent a property owner from using force against an individual in a situation where the privilege of necessity would apply. The individual must compensate the owner for any damage caused (incomplete privilege).

Question 19

Eggshell Skull

Answer 19

Once you have committed a tort against person, you are responsible for full injuries of those person

Question 20

Garret v. Dailey

Answer 20

Defendant pulled chair out from under plaintiff

If defendant knew plaintiff was about to sit down, would be intent

Question 21

In Re White

Answer 21

White bought gun to intimidate, accidentally shot

Intent follows the bullet

Question 22

Colman v. Notre Dame

Answer 22

Institutionalized person injures blind worker

Mental deficiency is not defense to battery

Question 23

Cohen v. Smith

Answer 23

Woman giving birth requests male hospital staff not to see or touch her but defendant doctor does

Physical harm not required for battery

Question 24

Leichman v. WLW

Answer 24

Blowing smoke in someones face is offensive

Question 25

Raess v. Doescher

Answer 25

Defendant approached with clenched fists, screaming

No physical contact necessary as long as plaintiff reasonably apprehensive contact would occur

Question 26

Johnson v. Thigpen

Answer 26

Woman subject to offensive touching and verbal harassment at work
IIED requires unwelcome physical contact and verbal abuse together
Note most state courts do not require physical touching

Question 27

O’Brien v. Cunard Steamship

Answer 27

Woman who got vaccinated on boat, raised arm and did not verbally object

Implied (apparent) consent - What a reasonable person would infer from custom or from Plaintiff’s conduct

Question 28

Hackbart v. Cincinnati Bengals

Answer 28

Plaintiff injured from hit by other player away from play

Scope of Consent - Was the activity outside the bounds of what had been consented to?

Question 29

Katko v. Briney

Answer 29

Spring gun loaded in area, plaintiff breaks in and shot
Cannot use discriminate, deadly force to protect property
Life more valuable than property

Question 30

Surroco v. Geary

Answer 30

Mayor orders house torn down to prevent further fire
Making decision for public, not himself, public policy
Sovereign Immunity - Provides government with immunity from civil or criminal suits

Question 31

Rossi v. Del Duca

Answer 31

Plaintiff goes on land of defendant to avoid dog, defendant liable under dog bite statute

One is privileged to enter land of another if it is or reasonable appears to be necessary to prevent harm to actor or property

Question 32

Vincent v. Lake Erie Transport

Answer 32

Ship docked in storm, reties ropes, ship damages dock

Dock deserves to be compensated as defendant protected their more valuable property to expense of plaintiff’s property