Intentional Torts

Question 1

Intent

Answer 1

mental desire & will to act a certain way; desire or knowledge that result is substantially certain to occur

Question 2

Transferred Intent

Answer 2

transfers from person to person & tort to tort; not IIED

Question 3

Battery

Answer 3

intent to cause harmful or offensive contact; contact occurs.
offensive contact = reasonableness standard

Question 4

Assault

Answer 4

intent to cause apprehension of harmful or offensive contact; Imminent apprehension; other must KNOW of danger

Question 5

False Imprisonment

Answer 5

Intent to:

• confine other within boundaries fixed by actor
• act results in confinement
• other is harmed or conscious of confinement

Question 6

Shopkeeper’s Privilege

Answer 6

1) reasonable belief person has stolen or is attempting to steal
2) detention for reasonable time
3) detention in reasonable manner
based off circumstances surrounding incident

Question 7

Intentional Infliction of Emotional Distress

Answer 7

Emotional Distress from:

• battery
• assault
• imprisonment

Elements

1) intentional/ reckless conduct
2) extreme & outrageous
3) causal connection
4) severe emotional distress

Question 8

Trespass to Land

Answer 8

intentional entry of land

• even if mistake
• includes placing something on land & failure to remove lawful placement

Question 9

Trespass to Chattels

Answer 9

Dispossession of another’s items
- harmful to value of chattel
deprived for substantial time

Question 10

Conversion

Answer 10

more serious than trespass
interferes with ownership

Factors

• extent/duration of actor’s control
• actor’s intent to assert right
• actor’s good faith
• extent/duration of interference
• harm done to chattel
• inconvenience or expense caused

Question 11

Consent

Answer 11

willingness for conduct to occur

• action/inaction
• needn’t be communicated
• reasonableness test

Question 12

Consent Invalidated by:

Answer 12

• fraud
• misrepresentation
• actions outside rules/customs
• time; place
• lack of capacity

Question 13

Self-Defense (not threatening death)

Answer 13

reasonable force against reasonable belief of harm

still works if:

• could retreat
• spared by complying with command

Question 14

Self-Defense (threatening death)

Answer 14

lethal force allowed if reasonable belief life-threatening harm
- prevented only by immediate use of force

Allowed even if:

• retreat would protect (except outside of dwelling)
• can relinquish any right (outside of dwelling)

Question 15

Defense of others

Answer 15

act reasonably under reasonable circumstances when defending 3rd party
- more lenient for defense of family memebers

Question 16

Defense of property

Answer 16

• higher value on human life than property

- deadly force only allowed if allowed under SD

Question 17

Recovery of property

Answer 17

• can’t ever use deadly force

- reasonable force if done immediately following event

Question 18

Necessity

Answer 18

requires emergency

• incomplete defense
• damage not intentional

Question 19

Public Necessity

Answer 19

Gov not liable for damages to property done out of public necessity

• burning houses to stop fire
• breaking window for hydrant