Intentional Torts

Question 1

Battery

Answer 1

1. Defendant Acts - an act is a voluntary movement
2. With intent to cause. Intent means it is the defendant’s goal to cause the injury or the def knows with substantial certainty that injury will result.
3. Harmful or offensive conduct (or imminent apprehension of such conduct) Offensiveness is judged by a reasonable person standard.
4. With the plaintiff or anything connected to the plaintiff
5. Harmful or offensive contact directly or indirectly results actual damages are not required. Pltf can recover nominal damages.

Note - incompetency is NO defense unless it negates one of the elements of battery.

Question 2

ASSAULT

Answer 2

1. Defendants acts with - there needs to be conduct. A gesture no matter how small.
2. Intent to cause
3. Imminent harmful or offensive contact or imminnt apprehension of contact - future threats are not imminent enough.
4. with the plaintiff’s person - or anything the plaintiff is holding or touching.
5. Apprehension occurs - knowledge/anticipation of impending contact.

Note - actual damages are not required. Pltf can recover nominal damages.

Question 3

FALSE IMPRISONMENT

Answer 3

1. Defendant acts with
2. intent to confine or restrain plaintiff to a bounded area
3. actual confinement occurs and - future threats to not suffice. Must be no reasonable means of escape (1) dangerous, (2) embarassing, (3) hidden to pltf and not reasonably discoverable.
4. plaintiff knows of confinement or is hurt by confinement

Question 4

Merchants Privilege

False Imprisonment

Answer 4

A merchant has a privilege to detain a shoplifter (and will not be liable for false imprisonment) if the merchant has a reasonable belief as to theft, detains the shopper in a reasonable manner for a reasonable time.

Question 5

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Answer 5

1. Def intentionally or recklessly
2. Engaged in extreme or outrageous conduct which caused - pltf’s extreme snsibilities only matter if def knows about them.
3. Severe Emotional Distress - physical injuries are NOT enough.

Question 6

TRESPASS TO LAND

Answer 6

1. Defendant physically invades someone’s else’s land; and,

2. Defendant intends to be where he is - defendant does not have to know it is someone else’s property. He can think it’s his! Defendant needs intent - that is, a voluntary act.

Question 7

Trespass to Land

Physical Invasion Occurs When Defendant

Answer 7

1. Intentionally goes on someone else’s property
2. Puts intangible objects on someone else’s property
3. Invades the space within a reasonable distance above or below their property.
4. Remains on Pltf’s alnd after an otherwise lawful right of entry has lapsed.
5. Knows that land entry was virtually certain to result from his/her actions.

NOTE - Physical invasion is NOT an intangible force (loud music, lights etc - that’s a nuisance!)

Question 8

TRESPASS TO CHATTELS

Answer 8

Definition - Intentional interference with personal property and harm results.

Intentional interference means that the intent to do the act of interference.

• intent is not present if property is accidentally damaged (could be negligence) Thinking that property is one’s own personal property is no defense.

Note - Personal property is something tangible. It is not real property or intangible property (like an email list)

Damages - that pltf can recover is the cost to repair the property.

Question 9

CONVERSION

Similar to trespass to chattels but the degree to harm is different

Answer 9

Definition - Intentional interference with personal property and a serious and substantial harm results.

Examples: Stealing a car, total destruction of the property, refusing to give property back, reselling property to a third person, or withholding property for a substantial period of time.

DAMAGE - Full market value calculated at the time and place of the conversion (or replevin, getting the property back)

MI - the recovery is three times the actual damages plus costs and atty’s fees. Frequently tested in personal property essay questions on bailments.

Question 10

TRANSFERRED INTENT

Answer 10

This doctrine applies when the def intends to commit a tort against one person but instead either

(a) commits a different tort against that person, (b) commits the tort he intended against a different person, or (c) commits a different tort against a different person. Intent is transferred.

This applies to battery, false imprisonment, trespass to land and trespass to chattels.

Question 11

Affirmative Defenses to Intentional Torts

Three Kinds

Answer 11

1. Consent
2. Self-Defense and Defense of Others
3. Necessity

Question 12

Affirmative Defenses to Intentional Torts

CONSENT

Answer 12

1. Plaintiff must have capacity to give valid consent.
2. Consent can be express or implied (through conduct).

MBE TIP - if unsure look at the situation from the defendant’s perspective: Was defendant reasonable in interpreting plaintiff’s objective conduct as granting consent?

Question 13

Affirmative Defenses to Intentional Torts

Self-Defense and Defense of Others

Answer 13

a) Defense of Self - a person who reasonably believes that he is being or is about to be harmed by another may use force that is reasonably necessary to protect against imminent harm (he cannot be the initial aggressor). MI and majority - a person does not have to retreat before using deadly force but may “stand his ground” if an individual is in her own dwelling or curtilage.
b) Defense of Others - so long as one has reasonable belief that another is in harm’s way, one can defend the other by using reasonably necessary force.
c) Defense of Property - def may take reasonable steps to defend his real and personal property. If chasing after pltf def is allowed to use reasonable force but first must demand return of the item.

Def may NOT use deadly force to protect his property.

Question 14

Affirmative Defenses to Intentional Torts

Michigan Rule

Answer 14

A rebuttable presumption exists under MI law that an individual who uses deadly force has an honesst and reasonable belief that death or great bodily harm is imminent if, among other things, the person against whom deadly force is used, is in the process of breaking and entering the dwelling or committing a home invasion and is in the dwelling when deadly force is used.

Question 15

Affirmative Defenses to Intentional Torts

NECESSITY

Answer 15

1. Public Necessity - Defendant has NO liability. Necessity i an absolute defense. This applies when defendant does something to protect the community as a whole and ends up causing harm to the pltf’s property.
2. Private Necessity - Defendant has a limited defense. This applies when defendant does somethng to protect an interest of his own and ends up harming pltf’s property.

In this case defendant will not be liable for a tort but will still pay for the actual harm he causes. He will pay nominal or punitive damages. Pltf cannot expose def to the emergency so long as it continues.