Intentional Torts

Question 1

Battery

Answer 1

Restatement § 13:

i. Acts intending to cause a harmful or offensive contact or an imminent apprehension of such a contact; and
ii. Such contact with the person of the other directly or indirectly results.

Question 2

Assault

Answer 2

Restatement § 21:

i. An act intended to cause a harmful or offensive contact, or an imminent apprehension of such a contact; and
ii. The other is thereby put in such imminent apprehension of bodily contact.

Question 3

False Imprisonment

Answer 3

Restatement § 35:

i. An act intending to confine the other within fixed boundaries; and
ii. The act directly or indirectly results in such confinement; and
iii. The other is conscious of the confinement or is harmed by it; and
iv. The confinement is without privilege or consent.

Question 4

Intentional Inflection of Emotional Distress

Answer 4

i. The conduct must be intentional or reckless; and
ii. The conduct must be extreme and outrageous; and
iii. There must be a causal connection between the wrongful conduct and the emotional distress; and
iv. The distress must be severe.

Question 5

Trespass to Land

Answer 5

Restatement § 160

i. Intentionally entering the land of another is a trespass unless there is a defense.
1. Defenses can include consent and necessity.
2. Intent can be the desire to enter or substantial certainty of entry.

Question 6

Private Nuisance

Answer 6

i. A basis for liability
ii. Significant harm, and
iii. An unreasonable invasion of the plaintiff’s land.

Question 7

Trespass to Chattels and Conversion

Answer 7

a. The intentional intermeddling with the chattels, or personal property;
b. Of another;
c. Causing damage to the chattel or a deprivation of use

Question 8

The Umbrella Intentional Tort

Answer 8

a. Restatement 3d. § 5: An actor who intentionally causes physical harm is subject to liability for that harm.