Intentional Torts

Question 1

What are the 4 elements of assault?

Answer 1

1) Affirmative Act: words alone are insufficient, but can suffice if coupled with actions
2) Intent
3) Imminence: no significant delay
4) Apprehension of harmful contact

Question 2

What are the 3 ways to meet the “intent” element of assault?

Answer 2

1) D desires to cause apprehension of harmful/offensive contact
2) D knows with substantial certainty that his action will cause apprehension
3) D attempts battery but fails/stops (i.e. punching but stopping just before hitting P’s face)

Question 3

How does one establish P’s apprehension of harmful contact?

Answer 3

1) D must have apparent ability to carry out the threat
2) P only needs apprehension, not fear (i.e. expectation)
3) reasonableness not necessary when D has actual knowledge of special conditions that would increase P’s apprehension (i.e. phobia or injury)

Question 4

What are the 4 elements of Battery?

Answer 4

1) Intentional act
2) Causation: but for D’s affirmative act, P wouldn’t have been harmed
3) Contact is harmful or offensive to a reasonable person (unless D has actual knowledge of P’s special conditions)
4) To a person: contact must be made to person’s body or something connected to it (i.e. a cane)

Question 5

How does one establish the “intent” element of battery?

Answer 5

1) D desires to make the harmful or offensive contact

2) D is substantially certain that their behavior will cause the harmful or offensive contact

Question 6

evaluate the element of intent in Villa v. Derouen (blowtorch to P’s crotch)

Answer 6

• D intended for the torch’s oxygen to come into contact with P = offensive touching
• irrelevant that D didn’t intend to burn P; he intended the contact

Question 7

What is transferred intent?

Answer 7

if D intends harmful contact toward X but accidentally contacts Y instead, intent toward X is transferred to Y; act is still intentional

Question 8

What are the 3 elements for Intentional Infliction of Emotional Distress (IIED)?

Answer 8

1) Intentional
2) conduct is extreme in degree and outrageous in character
3) causes P to suffer severe emotional harm

Question 9

How does one establish the intent element of IIED?

Answer 9

1) D’s purpose or desire to cause emotional distress (ED)
2) substantial certainty D’s actions will cause ED
3) D consciously disregards high degree of risk of ED (recklessness)

Question 10

How does one decide if D’s actions are “extreme and outrageous” to determine IIED?

Answer 10

1) exceed the bounds of decency
2) conduct must be directed at P (2 exceptions: P’s family members are present=bystanders, infliction of extreme violence with likelihood of shock)
3) higher standard for special relationships (i.e. cops, employers)

Question 11

How does one establish that P suffered severe emotional harm to determine IIED?

Answer 11

• proof of physical harm not required
• must be emotional harm experienced by ordinary person with ordinary sensibilities (unless D had specific knowledge that P was especially susceptible, i.e. black person who had been racially harassed before)

Question 12

What does the case of Brandon (Boys Don’t Cry) demonstrate about IIED?

Answer 12

• evidence of particular emotional state at time of IIED can also matter
• abuse of power (i.e. sheriff) can make conduct extreme and outrageous

Question 13

What are the 3 elements of false imprisonment?

Answer 13

1) willful confinement
2) without authority of the law
3) intent

Question 14

How is “willful confinement” established for false imprisonment?

Answer 14

• must occur through D’s voluntary conduct
• must have actual or apparent barrier (i.e. words)
• P has no reasonable means of escape
• P must be aware of confinement
• only brief time of confinement required

Question 15

What is the shopkeeper’s privilege?

Answer 15

Shopkeepers can detain suspected shoplifters if:

1) the purpose of detention is investigating theft
2) they have probable cause
3) detention is in a limited and reasonable manner
4) detention is for a reasonable amount of time

Question 16

How does one establish intent for false imprisonment?

Answer 16

1) D’s purpose or desire is to confine P

2) D is substantially certain that conduct will confine P

Question 17

What is Trespass of chattels?

Answer 17

dispossessing one of his property; impaired as to condition or value (damages: loss of use)

Question 18

What is conversion?

Answer 18

intentional use of property that substantially interferes with one’s right for a lengthy time or property is destroyed (damages: full value of the property)

Question 19

What are the factors of conversion?

Answer 19

1) extent of control
2) intent to interfere
3) D’s good faith
4) extent of resulting interference
5) harm done
6) expense caused

Question 20

How does one determine whether P consented to an intentional tort?

Answer 20

1) Did he consent?
2) Did he have capacity to consent?
3) Did the action exceed the consent given?
4) Was fraud or duress involved to receive consent?
5) Are there special protection laws (i.e. age of consent)?

Question 21

What does Hogan v. Tavzel illustrate about consent? (husband knew he had STD but didn’t tell wife; transmitted STD to her during consensual sex)

Answer 21

• wife consented to sex, but not to getting STD (action exceeded consent)
• husband hid STD from wife to receive consent (fraud)

Question 22

What does Hellriegel v. Tholl illustrate about consent? (kids roughhousing near lake; P’s neck broken)

Answer 22

• P consented to horseplay with D

- P didn’t consent to broken neck, but it was a foreseeable risk

Question 23

What does the case of Reavis illustrate about consent? (woman sexually harassed/assaulted by boss)

Answer 23

• substantial power differential means P may not have had capacity to consent
• P felt she had to consent or be fired

Question 24

What are the 3 elements of self-defense?

Answer 24

1) D used reasonable force and reasonably believed it was necessary to prevent immediate harm
2) D believed force was necessary from reasonable person standard
3) force was actually necessary

Question 25

What is the “Retreat Rule” of self defense?

Answer 25

one can’t aggressively or willingly enter into a fight and then invoke self-defense doctrine (unless he abandoned fight, withdrew, notified adversary he was withdrawing, and then had to use self-defense)

Question 26

What does Bradley v. Hunter illustrate about self defense? (65 yr. old shot P after he ran toward her in the dark with fists clenched)

Answer 26

if a person reasonably believes he is threatened with bodily harm, he can use whatever force is necessary to protect himself

Question 27

When is the Defense of Others doctrine allowed?

Answer 27

• one may defend another on the same basis and to the same extent that they could exercise self-defense
• Majority: mistake NOT allowed
• Restatement allows reasonable mistakes

Question 28

What are the limits on the Defense of Property doctrine?

Answer 28

• landowners can’t use lethal force to protect property against trespassers or thieves
• landowners can’t install mechanical devices with the purpose of inflicting death or serious injury
• Committing torts to protect property doesn’t absolve D of liability

Question 29

What is the Necessity Defense doctrine?

Answer 29

• D had reasonable belief of imminent danger that forced him to commit tort (i.e. girl trespassing to escape dangerous dog)
• right to commit tort only lasts as long as necessary to get proper authority involved
• must use least restrictive means of preventing harm

Question 30

What is the Public Necessity doctrine?

Answer 30

1) tort was committed to protect public rather than private interests
2) D was reasonable in believing action was needed
3) action taken was reasonable response
* Ex: destroying individual’s home to prevent spread of fire; quarantine victims of serious disease outbreak

Question 31

How does one establish trespass to land?

Answer 31

1) P must prove he owns land
2) D intentionally entered P’s land
3) Trespass caused damage

Question 32

How does one establish nuisance?

Answer 32

1) unreasonable interference with P’s enjoyment of his land

Question 33

How are damages awarded for private nuisance cases?

Answer 33

• if possible, an injunction will be enforced to prevent further nuisance
• if public has an interest in continuing operation of the nuisance (i.e. smelly factory that provides jobs), D will pay damages instead

Question 34

What are 4 “non-acts” that don’t qualify as intentional torts/battery?

Answer 34

1) sleep walking
2) seizures
3) reflexes
4) 3rd party/other force of motion (i.e. bumping you into someone)

Question 35

What is the difference between harmful and offensive behavior?

Answer 35

• Harmful: causes injury, pain, or disfigurement

- Offensive: considered offensive by a reasonable person; if P hasn’t consented to it

Question 36

What is the Extended Personality Rule for battery?

Answer 36

includes contact with something close to you, connected to you, or something you have control over

Question 37

Are children liable for their intentional torts?

Answer 37

• Majority: Yes, as long as they have intent

- Minority: Children under 7 aren’t presumed capable of the necessary intent

Question 38

Are parents affected by their children’s intentional torts?

Answer 38

• Generally, no, they’re not liable

- Exception: if the parent is at fault or there’s vicarious liability

Question 39

What are the 2 types of transferred intent?

Answer 39

1) from one intentional tort to another (i.e. assault to battery)
2) from one victim to another
* intent doesn’t transfer from IIED to another tort
* non-tortious intent (i.e. self-defense) doesn’t transfer)

Question 40

What is the Third Party Presence Rule for IIED?

Answer 40

If IIED is aimed at P, D is also liable if his behavior causes IIED to

• a member of P’s immediate family who’s present, whether or not they were physically harmed
• another person present, if the distress causes bodily harm
• in both cases, generally only if D is aware of presence of 3rd person

Question 41

What types of situations don’t allow for IIED claims?

Answer 41

When an individual exercises their legal rights, such as:

• firing at-will employee
• breaking up with relationship partner
• filing for divorce
• collecting a debt

Question 42

What are the 2 elements of trespass to land?

Answer 42

1) intent to enter (NOT intent to trespass; could have thought they were legitimately entering)
2) land of another

Question 43

What qualifies as “entry” for trespass to land?

Answer 43

• personal entry
• entry of an object
• involuntary/accidental entry does NOT qualify (unless D refuses to leave)

Question 44

What is the difference between dual and single intent torts?

Answer 44

• Dual: require intent to commit the act AND to cause the tort (i.e. assault, battery)
• Single: ONLY requires intent to commit the act (i.e. trespass to land)
• dual intent transfers to single, but not vice versa

Question 45

What is the remedy for conversion?

Answer 45

the full value of the chattel (to determine between trespass and chattel, consider whether the act justifies this remedy)

Question 46

What is the remedy for trespass to chattels?

Answer 46

paying the cost of damages/repairs; must be reasonable, can’t exceed cost of replacement