Intentional Torts

Question 1

Battery

Answer 1

Intentional infliction of contact on another person that is harmful or offensive and not consensual

Question 2

Name the three elements of battery

Answer 2

1) intent: purpose or knowledge with substantial certainty that contact would occur
2)Harm or offense:
Physical- physical impairment, physical pain, physical illness, extends to any part of the body, or anything attached to it
Offense- mental suffering and invasion plaintiff’s person
3) non consensual

Question 3

Assault

Answer 3

Intentional apprehension of imminent contact

Question 4

Intentional infliction of emotional distress

Answer 4

One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress

Question 5

How is intention infliction of emotional distress determined?

Answer 5

1) conduct
2) relationship
3) knowledge of vulnerability
4) motivation of the defendant
5) abuse of position of authority

Question 6

The Elements of False imprisonment

Answer 6

1) willful detention by the defendant
2) without consent of the detainee
3) without authority of law

Question 7

Fraud

Answer 7

1) misrepresentation of material facts with
2) an intent to deceive that
3) causes justifiable reliance by the plaintiff and
4) injury to the plaintiff due to such reliance

Question 8

Trespass

Answer 8

Intentional contact with a person’s property that is not consensual

Question 9

Factors determining abnormally dangerous activities affecting property

Answer 9

a) existence of a high degree of risk of some harm to the person, land chattels of others;
b) likelihood that the results from it will be great
c) inability to eliminate the risk by the exercise of reasonable care
d) extent to which the activity to the place where it is carried on and
f) extent to which its value to the community is outweighed by its dangerous attributes

Question 10

What is meant by doctrine of abnormally dangerous activities is strict for liability?

Answer 10

It should not be applied unless the activity is inherently dangerous and its appropriate and necessary to apply

Question 11

Elements of assault

Answer 11

1) defendant intended to cause the apprehension of imminent contact
2) to which the plaintiff did not consent and
3) an apprehension of imminent contact resulted

Question 12

In order to establish a claim for IIED, the plaintiff must show:

Answer 12

1) the defendant intended to cause the plaintiff severe emotional distress or recklessly disregarded the risk of severe emotional distress
2) by engage gig in extreme and outrageous conduct and
3) the defendant’s extreme and outrageous conduct caused the plaintiff to suffer severe emotional distress

Question 13

Elements of IIED

Answer 13

1) intent
2) extreme and outrageous conduct
3) conduct caused the ED
4) distress is severe emotional distress

Question 14

Elements of false imprisonment

Answer 14

1) intent to confine
2) actual confinement
3) lack of consent/authority
4) plaintiffs awareness of or injury from the confinement

Question 15

Shopkeeper’s Privilege

Answer 15

By NY statute certain types of people such as retailers and merchants have the privilege to detain someone
This is limited to a reasonable time, in a reasonable way on reasonable grounds

Question 16

Nuisance

Answer 16

Substantial and unreasonable interference with another’s use and enjoyment of property

Intent is shown under knowledge with substantial certainty

Similar to trespass except there does not need to be physical entry on the land

Question 17

Defense of self, others and property

Answer 17

When a defendant uses force under a belief that force is necessary to protect himself, another, or his property 1) the belief that force is necessary must be reasonable and 2) the force used must be reasonable in degree to the threat perceived

Question 18

A defendant is not justified in using a force to protect property when

Answer 18

the force is likely to cause death or serious bodily harm in the protection of property

Question 19

Fraud rule statement

Answer 19

Fraud is a 1) misrepresentation of material facts with 2) an intent to deceive that 3) causes justifiable reliance by the P and 4) injury to the P due to such reliance