Intentional Torts

Question 0

FALSE IMPRISONMENT

Answer 0

an act or omission by defendant that confined or restrained plaintiff to a bounded area, intent by the defendant to do so, and causation.

Humiliation - not an actionable tort, but a recognized element of damages from the commission of an intentional tort.

Question 1

BATTERY

Answer 1

Harmful or offensive contact to the person of another, intent on the part of the defendant to do the act.
–> Offensive = unconsented
The prima facie case of battery will be established regardless of whether plaintiff proves damages at trial (no need to show injury).

Question 2

TRESPASS TO CHATTEL & CONVERSION

Answer 2

the intentional interference with the personal property (chattel) of another by damaging it, by taking it away/depriving plaintiff of possession).
Interference is minor = trespass to chattel. Damages based on the cost of repair are appropriate as actual damages.
Interference is significant = conversion. Measure of damages is FMV at time and place of conversion. Defendant is given title upon satisfaction of the judgment (this operates as a forced sale of chattel).

Mistake of ownership not a defense.

Question 3

TRESPASS TO LAND

Answer 3

Plaintiff must prove: an act of physical invasion of his property by defendant, intent on the part of the defendant to bring about physical invasion, and causation.

Question 4

NECESSITY

Answer 4

A person may interfere with the real or personal property of another when the interference is reasonably and apparently necessary to avoid threatened injury from a natural or other force, as long as the threatened injury is substantially more serious than the invasion that is undertaken to avert it.

If privilege benefits a limited number of people, it is considered private necessity and is qualified - defendant must pay for any injury that he caused.

If privilege benefits the community as a whole, it is considered public necessity - defendant not liable for injury caused.

Question 5

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Answer 5

Plaintiff must show: an act by defendant amounting to extreme and outrageous conduct, intent on the part of defendant to cause plaintiff to suffer severe emotional distress, or recklessness as to the effect of defendant’s conduct, causation and damages - serious emotional distress.
Foreseeability not enough.

Question 6

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

Answer 6

Unlike intentional infliction of emotional distress, does not require extreme or outrageous conduct.
Physical injury is necessary.