Intentional Torts

Question 1

List the 13 intentional torts

Answer 1

Assault
Battery
False Imprisonment
IIED
Wrongful Discharge
Malicious Prosecution
Abuse of Process
Trespass to Land
Trespass to Chattel
Conversion
Appropriateness of Name or Likeness
Intrusion upon Seclusion
Defamation

Question 2

Battery Elements

Answer 2

Acts
Intending to cause
Contact harmful or offensive (or imminent apprehension)
With a person or third person 
Contact directly/indirectly results

Question 3

Intent for Battery Defined

Answer 3

1. Purpose of producing the consequence

2. knowing with substantial certainty contact will result

Question 4

Assault Elements

Answer 4

Acts
Intending to cause 
Contact which is harmful or offensive 
With a person or third person 
Person is put in such imminent apprehension of contact

Question 5

Intent for Assault Defined

Answer 5

1. Desires for consequences of act

2. Substantially certain consequences will result from act

Question 6

What exception is exhibited in assault?

Answer 6

Damage is wholly psychic

Question 7

False Imprisonment Elements

Answer 7

1. Acts
2. intending to
3. unlawfully confine the other or a third person
4. within boundaries fixed by the actor AND
5. his acts directly/indirectly result in such confinement
6. other is conscious of confinement OR is harmed by confinement

Question 8

False Arrest

Answer 8

Can include taking person into custody under asserted legal authority

Question 9

Shopkeepers Privilege

Answer 9

1. Reasonable belief person has stolen or is attempting to steal
2. Detention for reasonable time
3. Detention in reasonable manner

Question 10

IIED Elements

Answer 10

1. Mental or emotional disturbance does not constitute liability
2. Actor must intentionally cause severe ED to another
   and is liable for:
   a. the ED
   b. bodily harm resulting from it
3. Conduct must be extreme and outrageous reckless/intentional

Question 11

What is the exception exhibited by IIED?

Answer 11

Another wholly psychic exception (Except where there is also physical harm present)

Question 12

Wrongful Discharge Elements

Answer 12

1. At will employee
2. Discharged
3. Discharge violation of clearly mandated public policy (strikes at heart of citizens social rights, duties, resp)
4. No other permissible grounds to terminate

Question 13

What exception does wrongful discharge show?

Answer 13

Wholly economic

Question 14

Malicious Prosecution Elements

Answer 14

PRIVATE PERSON liable if he:

1. Initiates criminal proceedings against accused
2. W/o probable cause
3. Primarily for purpose other than bringing accused to justice
4. Proceedings terminated in favor of accused

Question 15

Elements for probable cause (Malicious Prosecution)

Answer 15

Accuser must correctly or reasonably believe:

1. The accused acted or refrained from acting in a particular manner
2. Act/omissions constituted the offense
3. He was sufficiently informed as the law and facts to bring the prosecution

Question 16

Who bears burden of establishing the probable cause?

Answer 16

P

Question 17

Abuse of Process Elements (collateral purpose)

Answer 17

1. The present D made an illegal, improper, perverted use of process, a use neither warranted nor authorized by the process
2. 1. The D had an improper purpose in exercising such illegal, perverted or improper use of process; and
3. Damage resulted

Question 18

How is abuse of process different from malicious prosecution?

Answer 18

Don’t have to show that the proceedings terminated in accused favor

can be civil or criminal

Question 19

Trespass to Land Elements

Answer 19

1. Enters land in possession of another OR causes another person or thing to enter the land, or
2. Remains on the land
3. Fails to remove something from the land that person had a legal duty to remove

Damage is simply BEING on the land

Question 20

Trespass to Chattel

Answer 20

1. Dispossessing another of chattel, or

2. Using or intermedlling with the chattel in the possession of another

Question 21

Dispossession elements

Answer 21

1. Taking w/o consent
2. Obtaining by fraud/duress
3. Barring access to the chattel
4. Destroying chattel while it is in possession of another
5. Taking chattel into custody of the law
   * *NO DAMAGE REQUIRED**

Question 22

Using or Intermeddling Elements

Answer 22

Using or intermeddling type liable only if:

1. Chattel impaired as to quality, condition, value
2. Substantial time
3. Bodily harm caused to the possessor, or harm caused to some person or thing in which possessor has legally vested interest

Question 23

Conversion Elements

Answer 23

1. Exercise of dominion or control over a chattel
2. Seriously interferes with the rights of another
3. Actor may be justly required to pay the other the full value of the chattel

Question 24

Factors for Conversion

Answer 24

1. Actors intent to assert the right of control over the chattel
2. Extent/duration of dominion and control
3. Actors good faith
4. Extent/duration of the resulting interference
5. Harm done to the chattel
6. Inconvenience and expense caused to the other

Question 25

Appropriateness of Name or Likeness

Answer 25

One who unlawfully and w/o privilege

1. Appropriates to his own use or benefit
2. The name or likeness of another
3. Liability to the other for the invasion of his privacy

Question 26

Intrusion upon Seclusion

Answer 26

One who intentionally, unlawfully or w/o privilege:

1. Intrudes, physically or otherwise
2. Upon the legally protected solitude or seclusion of another or his private affairs/concerns
3. Subject to liability to the other for invasion of his privacy
   * *ONLY IF THE INTRUSION WOULD BE HIGHLY OFFENSIVE TO THE REASONABLE PERSON**

Question 27

Defamation

Answer 27

1. False or defamatory statement against another
2. Unprivileged publication to a third party
3. Fault amounting at least to negligence on part of publisher
4. Either actionability of the statement OR special harm caused by the statement