Intentional Torts

Question 1

What is battery?

Answer 1

An intentional act that causes harmful or offensive contact with another.

Question 2

What is assault?

Answer 2

An intentional act that causes reasonable apprehension of imminent harmful or offensive contact.

Question 3

What is false imprisonment?

Answer 3

The direct restraint of a person’s liberty within a bonded area that they are aware of or harmed by.

Question 4

What is intentional infliction of emotional distress?

Answer 4

The intentional or reckless infliction of severe emotional distress as the result of one’s extreme or outrageous conduct.

Question 5

What is trespass to land?

Answer 5

Intentionally entering, or causing the entry by a third party, onto the land of another, without permission.

Question 6

What is trespass to chattel?

Answer 6

Intentionally interfering with the possession of another.

Question 7

What elements must be proven to establish trespass to chattel?

Answer 7

1. The chattel was impaired in condition, quality, or value,
2. The owner was deprived of use of chattel for an extended period of time, OR,
3. Harm was caused to the owner of the chattel or someone they are legally vested in.

Question 8

What is conversion?

Answer 8

The intentional and substantial interference with one’s ones ownership, use, or right of possession of chattel, OR unjustifed and unwarranted dominion and control over another’s chattel where injury to the other results.

Question 9

If a person unknowingly buys stolen goods from a thief, who is liable to the rightful owner of the goods for conversion?

Answer 9

Both the thief and the buyer are liable to the owner.

Question 10

Is lack of wrongful intent a defense in a conversion action?

Answer 10

No.

Question 11

What are the seven intentional torts?

Answer 11

Battery, Assault, False Imprisonment, Intentional Infliction of Emotional Distress, Trespass to Land, Trespass to Chattel, and Conversion

Question 12

Which intentional torts CANNOT receive nominal damages?

Answer 12

Intentional infliction of emotional distress, Trespass to Chattel, and Conversion.

Question 13

Which intentional torts can fall under the transferred intent doctrine?

Answer 13

Battery, Assault, False Imprisonment, Trespass to Land, and Trespass to Chattel

Question 14

Is harm required in a case for physical trespass to land?

Answer 14

No. Even “bending a blade of grass” is enough.

Question 15

Is harm required in a case for non-physical trespass to land?

Answer 15

Yes. There must be proof of harm.

Question 16

What is general intent?

Answer 16

Acting without an intent to harm a specific person but knowing your actions might harm someone.

Question 17

What is the mistake doctrine?

Answer 17

A good faith mistake does not negate intent.

Question 18

This card is intentionally wrong to see if others can edit it. Add your name to the answer card to see if you can.

Answer 18

Happy Thanksgiving

Question 19

Mark and his brother Lewis are eating at the Racetrack Cafe in Nashville, TN. As a joke, Lewis squirts a bottle of ketchup at Mark, who moves out of the way. The ketchup hits Pauline, who was sitting at the next table with her back to Lewis. Pauline, furious, stands and shouts at Lewis “I should stab you!” but doesn’t move towards him. Mark does not see she has not moved and reasonably thinks his brother is in danger, so he turns and tackles Pauline to the floor. Who in this scenario is liable for assault? To whom?

Answer 19

Only Lewis is liable for assault, to Mark, for squirting the ketchup at him, because Mark had reasonable apprehension of the ketchup coming in contact with him. Pauline had no apprehension of the ketchup squirting on her, her shouting at Lewis without moving towards him does not constitute assault, and while Mark tackling her is assault and battery, under TN’s law about the defense of others, he acted in reasonable apprehension of his brother being harmed, so he is not liable.