Intentional Torts

Question 1

Battery

Answer 1

(1) Harmful or offensive contact
(2) W/π’s person (even plate)

π’s super-sensitivities are NOT to be taken into account…UNLESS ∆ knew of them

Battery over Assault

Question 2

Assault

Answer 2

(1) Apprehension
(2) Of an immediate contact

MUST be reasonable. Don’t confuse apprehension w/fear or intimidation. Apparent ability (unloaded gun) creates reasonable apprehension.

Words alone are NOT enough. Words COUPLED w/conduct can be enough. Sometimes words coupled w/conduct can UNDO the conduct & reasonable apprehension.

Question 3

False Imprisonment

Answer 3

(1) Sufficient Act of Restraint
(2) TO a bounded area

(1) Threats are enough. Inaction is enough if there was understanding that ∆ would act for π’s benefit. Length of time irrelevant.
(2) Mere inconvenience is NOT enough. Area is NOT bounded if there is a reasonable means of escape of which π is aware.

Question 4

*Intentional Infliction of Emotional Distress

Answer 4

(1) Outrageous Conduct
- Continous Conduct
- Type of π: Young children, elderly persons, pregnant women
- BUT Remember Super Sensitive Rule
- Type of ∆: Common Carrier, Innkeeper (Screw them)

(2) Damages
- Proof of severe emotional distress

INTENT

• RECKLESSNESS can suffice
• TRANSFERRED INTENT is normally unavailable

Question 5

Trespass to Land

Answer 5

(1) Act of Physical Invasion
(2) Land

(1) No need to show knowledge of crossing property line. Propelling a physical object onto property will suffice.
(2) Includes airspace above & subsurface below so long as LO can use reasonable use of space

Question 6

Trespass to Chattels & Conversion

Answer 6

(1) Act of Invasion
(2) To Personal Property

• IF some damage = Trespass to chattels
• IF lots of damage = Conversion (can include serious interference w/possessory rights)