Intentional Torts

Question 1

Trespass to Prop and Conversion

Answer 1

• Trespass: Intentional Interference of use or possession of the prop of another
  Remedy: pay cost for repair or rent during interference
• Conversion: Intentional and SUBSTANTIAL interference of possession of prop (e.g. full control, full damage)
  Remedy: Forced sale (FMV)
• CAUSATION

Question 2

Trespass to Land

Answer 2

1) P has possession of land (leased, owned, controlled)
- Covers Air and underground w/in reasonable distance

2) D Intentionally and physically invades land (even if for mere secs)
- Actual
- Constructive: D uses TANGIBLE object (NOT: light, odor, etc)
- ONLY Intent to enter land required, not intent to trespass

3) CAUSATION

Question 3

Defenses for Intentional Torts

Answer 3

Crazy Silly Dog Leave Right Now

• Consent: ONLY P w/legal capacity can give consent (e.g drunk cannot have intent to give consent)
  1) Express:
  2) Implied: based on D’s REASONABLE interpretation of P’s objective conduct and the surrounding circumstances (based on body language consent and circumstances: NOT reasonable kiss on cheek = have sex)
• • Children can give consent to age appropriate acts
• • Customary practice = consent
• • Sports
    3) Scope: cannot go beyond scope of consent (e.g. play basketball and slammed to the ground)
• Self-D (self, others, prop): P threatens D
  1) Timing: threat is in progress or imminent, cannot act preemptively, or when threat ends
  2) MUST have reasonable belief that threat is genuine
  3) Force must be proportional
• Detention for Investigation: under REASONABLE belief that D committed tort
• Legal Authority: under REASONABLE belief D unlawfully took prop
• Reentry (Privilege) to Land wrongfully withheld: reasonable belief
  Recovery of chattel wrongfully withheld: reasonable belief
• Necessity (ONLY for property torts)
  1) Public (absolute): D intentionally commits tort in an emergency to protect community as a whole or significant group of people
  2) Private (limited): D intentionally commits tort in emergency to protect D’s own interest
• • Liability to D: pay compensatory damages, NO nominal or punies
• • Liability to P: continuing emergency, P must provide sanctuary or liable to D

Question 4

Intentional Torts

Answer 4

Intentional Torts: ABC FITT (Assault, Battery, Conversion, False Imp, IIED, Trespass to chattel, Tres to Land)

1) Determine P’s cause of action, ignore P’s hypersensitivities (P = RPP)
2) NO incapacity defenses E.g. minor/mentally ill commits an intentional tort = liable
3) Intent ALWAYS an element for all intentional torts
- Purposefully+Knowingly: Acting w/desire to produce the legally forbidden consequence OR knowing the consequence is likely to occur
4) CAUSATION
5) Damages
6) Defenses: C, S, D, L, R, N

Question 5

Defamation

Answer 5

Elements:

1) Defamatory Statement
2) About P (RPP would understand it’s about P)
3) Intentional or Negligent Publication to a TP (TP knows it’s about P)
4) Damages: injury to reputation
- Damages presumed if Libel or Slander per se: damages are presumed if statement is about: CLUB (criminality, loathsome disease, bus or profession)

– Defamatory Statement: different Stds
Public Official/Figure:
- P must prove false statement AND actual malice (D knew statement was false OR acted w/reckless disregard of the truth)
- Damages: compensatory, and punies

Private Person/Public Concern:

• P must prove false statement AND Neg AND actual injury
• Damages: compensatory, punies ONLY if actual malice

Private person/Private concern:
- P must show Neg
Damages: compensatory, punies only if neg

• No liab if media broadcasts contents of illegally intercepted call ONLY if media did not participate and is of public concern
• Gov may limit info it distributes
• DEFENSES: Consent, Truth, Absolute Privilege of the recipient (spouse, Officers of Gov: atty, judge, witness), Qualified Privilege of Speaker (Statement made in defense of Speaker’s interest), 1st Amd: Matter of Public Concern

Question 6

False Imprisonment

Answer 6

1) Intentionally applying physical, or psychological, force to restraint a person
- Sufficient if it operates on a RPP (e.g threat)
- Omission: leaving someone bound or retrained

2) Person confined to bounded area in an unreasonable manner for an unreasonable time
- Area does NOT to be defined (e.g. “wait here”)
- NOT bounded if REASONABLE means to find and escape (NOT reasonable: use of exit is hidden, dangerous, humiliating)

3) CAUSATION

Question 7

Privacy Cause of Action

Answer 7

CLIP

• Commercial Appropriation: D uses P’s name or image and PUBLISHES for commercial purpose (ads, trademark, etc)
  Exception: newsworthiness (if newsworthy = not tort)
• False Light: wide PUBLICATION of material falsehood about P and would be highly offensive to RPP (false gossip / false impression)
  Overlaps w/defamation thus BOTH causes of action
  Damages: emotional (under defamation: economic)
• Intrusion: invasion of P’s physical seclusion in manner that is highly offensive to RPP (e.g. wiretapping, covert surveillance, peeping through window, listening through key-hole)
  MUST intrude in area where P has REOP
• Public Disclosure of Private Facts: wide PUBLICATION of confidential info about P that would be highly offensive to RPP (disclosure of true gossip)
  Exception: newsworthiness (if newsworthy = not tort)
• DEFENSES:
  Consent apply to all
  Absolute Privilege (spouse, Officers of Gov: atty, judge, witness), 1st Amd: Matter of Public Concern: apply to false light and disclosure
• Damages: emotional damages allowed

Question 8

Battery

Answer 8

1) Intentional act by D to bring about a harmful or offensive contact (i.e. std offensive contact = un-permitted contact by RP)
2) W/P’s person (i.e. anything connected to P, P holding or touching: P holding horse, D hits horse = Contact w/P’s person, D poisons P’s food and eats it hours later = Contact w/P’s person)
3) CAUSATION
- General intent crime (mens rea: recklessness)

Question 9

Assault

Answer 9

Attempt to commit battery OR

1) Intentional Placing a person in REASONABLE apprehension (knowledge and perception of act, NOT afraid requirement)
- Reasonable: if apparent = reasonable

2) Apprehension of an immediate battery
- Words alone not actionable, even if menacing words
- Words can negate the immediacy of battery (e.g. later future time)

3) CAUSATION
- Mens rea: specific intent crime

Question 10

IIED Intentional Infliction of ED

Answer 10

1) Intentional commits Outrageous conduct
- Exceeds all bounds of decency tolerated in a civilized society (Recklessness is ENOUGH to prove intent)
- Insults NOT enough even w/intent to distress P UNLESS repetitive in nature
- Fragile P: children, elderly, pregnant

2) P is severely distressed: NO specific evid required
- Evid: anything that can prove distress (MD bills, receipts of medicine, etc)
- Mild distress: NOT enough

3) CAUSATION
4) Damages: severe ed.