Intentional Torts

Question 1

When looking at the intentional torts, is hyper-sensitivity relevant?

Answer 1

NO, hyper-sensitivity of the P is ignored in determination of entitlement to recovery.

Question 2

Is incapacity a defense?

Answer 2

No incapacity defense

Question 3

What element is present in all intentional torts?

Answer 3

Specific or general intent.

Question 4

What are the four intentional torts to a person?

Answer 4

1) Battery, 2) Assault, 3) False imprisonment 4) IIED.

Question 5

What are the two elements of battery?

Answer 5

1. D makes harmful/offensive contact

2. With P’s person

Question 6

What makes the harmful offensive contact with battery harmful/offensive?

Answer 6

the contact is considered offensive if it would be considered offensive to a reasonable person.

Question 7

What are the two quirks of contact with P’s person in a battery?

Answer 7

The Plaintiff’s person includes anything the P is holding and the battery doesn’t have to be instantaneous.

Question 8

What are the two elements of assault?

Answer 8

1. D places P in apprehension

2. Of immediate battery (not words alone)

Question 9

What is needed to place a P in apprehension regarding assault?

Answer 9

Requires knowledge, got to see it coming.

Question 10

What is need to apprehend the immediate battery with assault?

Answer 10

More than words, there has to be conduct.

Question 11

What are the two elements of false imprisonment?

Answer 11

1. D commits act of restraint

2. P confined in bounded area

Question 12

What is an act of restraint regarding false imprisonment?

Answer 12

It can be a threat, physical act or omission.

Question 13

What is the bounded area in false imprisonment?

Answer 13

It has to be bounded but doesn’t need to be marked out by boundaries/walls/fences.

Question 14

Where is an area not bounded in false imprisonment?

Answer 14

When you have a reasonable means of escape.

Question 15

What are the three elements of the intentional infliction of emotional distress tort?

Answer 15

1. D must exhibit outrageous conduct (exceeds all bounds of decency tolerated in civilized society)
2. P must suffer severe distress
3. Intent

Question 16

What are four hallmarks of outrageousness for IIED?

Answer 16

1) Continuous or repetitive conduct;
2) Defendant a common carrier or inn keeper;
3) Plaintiff in fragile class of persons;
4) If D has prior knowledge of P’s emotional sensitivity.

Question 17

Do you require evidence to prove you have developed physical symptoms as a result of your severe distress for IIED?

Answer 17

No specific evidence required.

Question 18

What are the two intentional torts to property?

Answer 18

1) Trespass to land

2) Trespass to chattels/conversion

Question 19

What is trespass to land?

Answer 19

1. Act of physical invasion
2. Land of another
3. Intent (got to challenged location on purpose)

Question 20

What is involved in the committing of an act of physical invasion?

Answer 20

1) You can go go/enter P’s property: To enter someones property you have to have intent but need not have knowledge of boundaries.
2) Throw something on the land: Thing thrown must be tangible
3) You need land. Also includes airspace above and subsurface below.

Question 21

What is trespass to chattels/conversion?

Answer 21

Private, civil, money-damages remedies for vandalism and theft of property

Trespass to chattels for small harms
Conversion for significant harms

Remedies

1. Trespass to chattels: cost of repair/rental
2. Conversion: FMV

Question 22

What affirmative defenses are available?

Answer 22

1) Consent, 2) Protective privileges 3) Necessity Doctrines

Question 23

What is the consent affirmative defense?

Answer 23

1. P must have capacity to consent
2. Express or implied
3. Limited to scope of consent

Question 24

What is the exception to express consent as an affirmative defense?

Answer 24

Fraud or duress to procure consent

Question 25

What are the three protective privileges?

Answer 25

Self defence, defence of others, defence of property.

Question 26

Self defence, defence of others and defence of property are all analyzed in the same way. What is it?

Answer 26

1. Tort responding to must be either in progress or imminent
2. Reasonable belief tort is being committed
3. Only that amount of force required to deal with threat

NY: requires retreat if reasonably possible, except in own home or if you are a cop.

Never deadly force to protect property; cannot allow machine to do what person forbidden

Question 27

What torts are necessity defenses affirmative defenses to?

Answer 27

Only defense to:

1. Trespass to land
2. Trespass to chattels
3. Conversion

Question 28

What are the two necessity affirmative defenses?

Answer 28

Public necessity defense and private necessity defense.

Question 29

What is the public necessity defense?

Answer 29

Absolute defense

Only when acted to protect community as whole or significant group of people in AN EMERGENCY.

Question 30

What is the private necessity defense?

Answer 30

Limited defense

1. Must pay for harm actually done
2. No nominal/punitive damages
3. As long as emergency continues, D entitled to stay on P’s land in position of safety

Question 31

If i own a house in the mountains, there is a blizzard and someone rocks up to seek shelter (i.e. there is an emergency) do i have to take them in?

Answer 31

YES, otherwise if that person gets hurt or gets frostbite or dies you will be liable. You have to tolerate their presence because there is a right of sanctuary.