Intentional Torts

Question 1

What are the torts to the person?

Answer 1

• Battery
• Assault
• False Imprisonment
• Intentional Infliction of Emotional Distress

Question 2

Battery

Answer 2

An intentional harmful or offensive contact to P’s person by D

Elements

1. Harmful or offensive contact by D
   
   • ​​Reasonable person stndard
     
     • Would a reasonable person think the contact is harmful or offensive?
2. To P’s person
   
   • ​​Includes anytning connected to P’s person (ie Hat, cane)
3. Intent
4. Causation

Question 3

Assault

Answer 3

An intentional act by D creating P’s reasonable apprehension of harmful or offensive contact to P’s person

• also considered an attempted battery

Elements

1. Act by D that creates a resonable apprehension in P

• ​Apprehension = P is aware of D;s act
• Words alone are insufficient, unless coupled with conduct
• Note - beware of fact patterns where D appears incapable of accomplishing the threatened harm
  
  • Apparent ability is sufficient, as long as it could reasonably creat P’s apprehension

1. Of immediate harmful or offensive contact to P’s person
   
   • ​​P must apprehend an immediate or imminent battery
     
     • Words or threats of future battery are insufficient
2. Intent
3. Causation

Question 4

False Imprisonment

Answer 4

• an act by Defendant
• with intent to confine Plaintiff to a specific area
• a confinement
• causation

Question 5

Intentional Infliction of Emotional Distress

Answer 5

• Extreme and outrageous conduct by D causing P’s severe emotional distress

Elements

1. Extreme and outrageous conduct by D
   
   • ​​​​​conduct that exceeds the bounds of decency in a civilized society
     
     • mere insults alone are insufficient
   • Non-outrageous conduct may be deemed extreme and outrageous if:
     
     • D targets P’s known sensitivity or weakness
     • D’s conduct is continuous or repetitive
     • D targets a P who is a member of a “fragile” class (elderly, children, etc)
     • D is a common carrier or innkeeper
2. Severe emotional distress in P
   
   • ​​P must suffer severe emotional distress from D’s conduct
   • Note - watch for facts indicating extreme, outrageous conduct but P is unbothered - this is not IIED
3. Intent or recklessness
   
   • ​​Recklessness = D disregards the likely consequences of his actions
4. Causation

Question 6

What are the torts to Property?

Answer 6

• Trespass to Land
• Trespass to Chattels
• Conversion of Chattels

Question 7

Trespass to Land

Answer 7

A physical invation of P’s real property by D

Elements:

1. Physical invasion of P’s real property by D
   
   • ​​D enters P’s property or propels an object onto it (ie. D walks across P’s property, throws a ball onto the property, chases someone onto property.
   • P must have a right to possess the land interfered with (Ownership not req.)
   • Must be a physical invasion (by light, sound smell not trespass (but may be nuisance))
   • P’s real property includes surface space, airspace above and subterranean space below to a reasonable distance
2. Intent
3. Causation

​_Note: _ damages are not required; complare to trespass to chattel and conversion

Question 8

Trespass to Chattels

Answer 8

Interference with P’s property

Elements:

1. D interferes with P’s right of possession in tangible personal property
   
   • Interference usually occurs through dispossession (depriving P of his possessory rights in chattle or intermeddling (damage)
   • Trespass - minor interference
2. **Intent **
3. Causation
4. Damages - P must have some loss of use​

• Trespass - p can recover teh cost of repair or rental value of chattle

Question 9

Conversion

Answer 9

Interference with P’s property

Elements:

1. D interferes with P’s right of possession in tangible personal property
   
   • Interference usually occurs through dispossession (depriving P of his possessory rights in chattle or intermeddling (damage)
   • Conversion - more significant interference or harm
2. **Intent **
3. Causation
4. Damages - P must have some loss of use​

• Conversion - P can recover the full market value at the time of conversion or repossess the chattel

Question 10

Intentional Torts:

Prima Facie Case

Answer 10

1. act by D - requires some volitional movement
2. **Intent **- specific or general
   
   • Specific - intent to bring about a specific harm
   • General - substantial certainty that a tortious conduct will result from D’s act (objective standard)
3. Causation - substaintial factor
   
   • D’s conduct must be a substantial factor in bringing about the resulting harm

Question 11

Transferred intent doctrine

Answer 11

Arises when D acts with the intent to commit a given tort, but:

1. Commits it against a different person than indended
2. Commits a different tort than intended
3. Both 1) and 2)
   
   • D’s original intent transfers to the tort actualy committed and/or the person actually harmed, resulted in D’s liability
   • Applies only to Assualt, Battery, False Imprisonment, Trespass to land/Chattels

Question 12

Bystander Claims for

Emotional Distress

Answer 12

A bystander closely related to a person physically injured or killed by D’s conduct may recover for emotional distress.

Elements:

1. D’s conduct caused a serious injury or death to a 3rd person
   
   • ​​D’s conduct can be negligent or intentional
   • Injury can result from a product defect
   • Bystander recovery is not available for medical malpractice
2. P is a close relative or has a very close relationship with the injured person
3. P was present when the injury occurred
4. P observed and perceived the injury
   
   • ​​P must clearly witness the injury-causing event
5. P suffers severe emotional distress as a result
   
   • ​​Physical manifestation is not required

Question 13

False Imprisonment

Shopkeepers Privilege

Answer 13

a store may detain a suspected shoplifter on store property for a reasonable period of time

• reasonable cause-the store must have reasonable cause to believe the detainee stole or attempted to steal store property
• limited duration-the store may only detain the suspect for a short period of time and only for purposes of investigation
• shopkeeper may be held liable for any harm caused by acts exceeding the privilege.