Intentional Torts

Question 1

Elements of Battery

Answer 1

(1) Harmful or offensive contact
(2) to P’s person
(3) Intent
(4) causation

Question 2

Elements of Assault

Answer 2

(1) An act by D creating a reasonable apprehension in P
(2) of immediate harmful or offensive contact to P’s person
(3) Intent
(4) causation

Question 3

Elements of false imprisonment

Answer 3

(1) An act or omission on the part of D that confines or restrains P
(2) intent
(3) causation

Question 4

Elements of IIED

Answer 4

(1) An act by D amounting to extreme and outrageous conduct
(2) Intent or recklessness
(3) Causation
(4) Damages - severe emotional distress

Question 5

Bystandard Cases

Answer 5

Two cases.

(1) P must show that the D had a design or purpose to cause severe distress to the P by harming a 3rd person.
(2) three element test:
- (i) the injured person is a close relative of the plaintiff,
- (ii) the plaintiff was present when the injury occurred, and
- (iii) the defendant knew of the plaintiff’s presence and relationship.

Question 6

Elements of trespass to land

Answer 6

(1) physical invasion or P’s real property
(2) Intent
(3) causation

Question 7

Elements of Trespass to Chattels

Answer 7

(1) An act by D that interferes with P’s right of possession in a chattel (intermeddling/ dispossession)
(2) intent
(3) causation
(4) damages

Question 8

Elements of Conversion

Answer 8

(1) an act by D that interferes with P’s right of possession in a chattel
(2) Intent
(3) Causation
(4) Damages: an interference that is serious enough in nature or consequences to warrant that the D pay the chattel’s full value.

Question 9

When is express consent invalid?

Answer 9

(i) mistake will undo express consent if defendant knew of and took advantage of the mistake
(ii) consent induced by fraud will be invalidated if it goes to an essential matter, but not a collateral matter
(iii) consent obtained by duress will be invalidated unless the duress is only threats of future action or future economic deprivation.

Question 10

Two types of implied consent

Answer 10

1) Apparent consent

2) Consent implied by law: ex) When action is necessary to save a person’s life.

Question 11

Self-defense

Answer 11

• no duty to retreat. But duty to retreat before using deadly force if can be done safely. (exception: in home).
• A reasonable mistake as to the existence of the danger is allowed.

Question 12

Defense of property

Answer 12

• request to desist or leave must first be made unless clearly would be futile or dangerous.
• not available against one with a privilege.
• mistake allowed as to whether an intrusion has occurred. But not allowed as to whether the entrant has a privilege.

Question 13

Reentry onto land

Answer 13

Cannot use force. Gotta use ejectment.

Question 14

Capture of chattels

Answer 14

Can use reasonable force to recapture the chattel when in “hot pursuit”.