Intentional Torts

Question 1

Rule Statement for Battery

Answer 1

Battery has occurred when there is an intentional infliction of a socially offensive or harmful bodily contact

Question 2

Intent for Battery

Answer 2

The intent element for battery is satisfied if D either a) intended to cause a harmful or offensive contact or b) intended to cause in another person an apprehension of a harmful or offensive contact. Also, D’s action must have been a voluntary muscular movement, rather than a spasm.

Question 3

3 Elements of Battery

Answer 3

1 - Intent
2 - Contact
3 - Socially Offensive or Harmful

Question 4

Battery - Socially Offensive or Harmful

Answer 4

For the contact to be socially offensive or harmful, it should either harm P or be contact that a reasonable person in the situation would find socially offensive

Question 5

Rule Statement for Assault

Answer 5

Assault has occurred when there is an intentional infliction of an apprehension of an imminent contact

Question 6

Intent for Assault

Answer 6

The intent element for assault is satisfied if either a) D intends to make contact or b) intends to put P in imminent apprehension of a harmful or offensive contact. Also, D’s action must have been a voluntary muscular movement, rather than a spasm

Question 7

Elements of Assault

Answer 7

1 - Intent
2 - Apprehension
3 - Imminence of Contact

Question 8

Assault - Apprehension - Rule Statement

Answer 8

The apprehension element is satisfied if a reasonable person in P’s situation would have been apprehensive

Question 9

Assault - Imminence - Rule Statement

Answer 9

The imminent contact element is satisfied if the contact is within the actor’s apparent ability and P had a reasonable belief that the contact would happen during that exchange. It must be more than leering and more imminent that threats of future action.

Question 10

Assault - Imminence - Factors

Answer 10

Must be immediate

No apprehension then likely no imminent contact element either

Question 11

Assault - Apprehension - Factors

Answer 11

• P must be aware of the danger before it happens and it’s not enough that contact eventually happens – anticipate/apprehend that danger is coming
• P can think the contact is some natural event or unintentional human event
• P’s apprehension must be that there will be a contact with herself, not a contact with a loved one!!

Question 12

Damages for Assault

Answer 12

The tort of assault exists so that plaintiffs can recover for any injury that they suffered although there was no battery. If it was found that there was an assault, P could ask for nominal damages to show that this action was not tolerated. There probably wouldn’t be any compensatory damages unless P could show she suffered some kind of injury from the assault.

Question 13

Elements of T2L

Answer 13

Intent

On land

On land of another

Question 14

Rule statement for T2C

Answer 14

Any intentional interference with a persons use or possession of a chattel. D only has to pay for actual damages

Question 15

Definition of intermeddling

Answer 15

interference with P’s use or enjoyment of a chattel

D is liable for intermeddling only where some harm to the chattel or some interference with P’s use and enjoyment of the chattel occurs

Question 16

Rule statement for Conversion

Answer 16

An intentional exercise of dominion or control over a chattel which so seriously interferes with another person’s right to control it that the actor may justly be required to pay the other the full value of the chattel

Question 17

4 factors to consider in Conversion

Answer 17

1 - dominion - extent and duration of D’s exercise of dominion or control
2 - good faith - D’s good faith (did they try to return, did they steal?)
3 - Harm - harm done to property
4 - Inconvenience - inconvenience and expense caused to P

Question 18

Forced Sale in Conversion

Answer 18

IF P is successful with her tort suit, a forced sale occurs

D is required to pay the full value of the goods (not just the amount of the use or damage, as in T2C), but GETS TO KEEP GOODS

Question 19

Rule statement for IIED

Answer 19

Intentional infliction of severe emotional or mental distress

Question 20

Elements of IIED

Answer 20

1 - Intent
2 - Extreme and outrageous conduct
3 - Causal Connection between wrongful conduct and emotional distress
4 - emotional distress is severe (most important)

Question 21

Intent for IIED

Answer 21

Intent for IIED is satisfied if D desires to cause P emotional distress, D knows with substantial certainty that P will suffer emotional distress, or D recklessly disregards the probability that emotional distress will occur

Question 22

IIED - Element - Extreme and outrageous conuct

Answer 22

Extreme and outrageous conduct element for IIED is satisfied if P can show that D’s conduct was beyond all possible bounds of decency

Question 23

IIED - Element - Causal connection between wrongful conduct and emotional distress

Answer 23

In our case, D’s conduct caused P to do _____ . Therefore, the causal connection is satisfied

Question 24

IIED - Element - Emotional distress is severe

Answer 24

The emotional distress is severe element is satisfied if P shows that she suffered actual injuries (sought medical aid)

Question 25

Rule statement for False Imprisonment

Answer 25

Intentional infliction of an actual confinement

Question 26

FI - Element - Intent

Answer 26

The intent element is satisfied if P can show that D either intended to confine him or D knew with substantial certainty that P would be confined by D’s actions.

Question 27

Elements of FI

Answer 27

1 - Intent
2 - Actual confinement
3 - Awareness of confinement
4 - Reasonableness of Escape

Question 28

Examples of Actual confinement

Answer 28

Physical force

Threat to harm others

Threat to property