Intentional Torts

Question 1

How does one have intent?

Answer 1

If a person knew with “substantial certainty” that a certain effect would happen b/c of his conduct

1) Specific intent: tortfeasor’s subjective purpose of causing (contact/apprehension/confinement/intermeddling)
2) General intent: tortfeasor’s substantial knowledge that (contact/apprehension/confinement/intermeddling) would result from his conduct

Question 2

If A wanted to hit B, but accidentally hits C (and didn’t intend to) is A liable for intentional tort?

Answer 2

YES - via transferred intent.

A’s “intent to hit” was still manifested and thus transferred from B to C. Thus, A is liable for C’s damages.

Question 3

Is an insane person ever held liable for intentional tort?

Answer 3

YES - long as P can prove that insane person had the requisite intent.

Question 4

Doctrine of Transferred Intent

Answer 4

If you intend to hit/apprehend/confine someone, but happens to a different person, you still maintain intent

Question 5

Is a family member liable for insane person’s intentional tort?

Answer 5

NO - unless:

Family member assumes caregiving responsibility or custody

Question 6

Is a drunk person liable for intentional torts?

Answer 6

YES - whether voluntary or involuntary

Question 7

What is battery?

Answer 7

The intentional infliction of a harmful or offensive bodily contact

Heart of battery: contact

Question 8

Elements of battery?

Answer 8

1. Intent:
   (a) single intent (majority) - intent to contact
   (b) dual intent (minority) - intent to contact + contact to be harmful or offensive
2. Contact
3. Contact is harmful or offensive

Question 9

Can battery happen even if P consents to contact?

Answer 9

YES - contact has to be within the scope of consent

(i.e.) w/in sports rules or medical consent forms

Question 10

What is assault?

Answer 10

The intentional infliction of apprehension of imminent contact

Heart of assault: apprehension

Question 11

Elements of assault?

Answer 11

1. Intent
   (a) intent to create apprehension of harmful/offensive contact
   (b) intent to make contact
2. Actual contact or apprehension of imminent contact

Question 12

Are words alone sufficient for assault?

Answer 12

NO - not sufficient w/out some physical act or gesture by D

there needs to be anticipation of imminent contact

Question 13

Can P recover for “assault” b/c D was about to hit P’s kid?

Answer 13

NO - P can’t recover for her apprehension that someone else will get touched

Question 14

What is false imprisonment?

Answer 14

The intentional restraint of one’s physical liberty without adequate legal justification

Heart of FI: confinement

Question 15

Elements of FI?

Answer 15

1. Intent
   (a) intended the confinement OR
   (b) substantially certain that P would be confined by D’s actions
2. Restraint against P’s will (via acts or words)
3. Unlawfulness of restraint

Question 16

FI Methods

Answer 16

• Direct physical means
• Threats
• Assertion of legal authority

Question 17

What is intentional infliction of emotional distress?

Answer 17

The intentional or reckless infliction of “severe” emotional distress by “extreme & outrageous conduct”

Heart of IIED: severe emotional distress

Question 18

IIED elements?

Answer 18

1. Intent
   (a) Desire to cause ED
   (b) Substantial certainty that P will suffer ED, OR
   (c) Recklessly disregards high probability that ED will occur
2. Extreme & outrageous conduct
3. Severe ED

Question 19

IIED for bystander?

Answer 19

Only if bystander is the harmed person’s immediate family member; D knew of his/her presence at the time of event; and bystander’s IIED led to bodily harm.

D’s intent to cause IIED to bystander by battering X.

Question 20

For IIED, what is the “severe” ED?

Answer 20

Severe enough to seek medical aid

Question 21

For IIED, what is the “extreme and outrageous” conduct?

Answer 21

Conduct that is “beyond all possible bounds of decency”

Question 22

What is trespass to land?

Answer 22

The intentional physical entrance or interference to P’s real property without consent

Heart of T2L: being on land

Question 23

How does T2L happen?

Answer 23

• D intentionally enter’s P’s land w/out permission
• D remains on P’s land w/out right to be there, even if he entered rightfully
• D puts an object (refuses to remove) on P’s land w/out permission

Question 24

Is there an intentional tort for when a plane flies over P’s property?

Answer 24

T2L if:

• plane enters into immediate reaches of airspace
• plane interferes P’s use and enjoyment of land

Question 25

What is trespass to chattel?

Answer 25

The intentional interference with person’s use or possession of his chattel.
- D only has to pay for damages, not full value of chattel

Question 26

When is D liable for T2Ch?

Answer 26

• Deprive owner’s use and enjoyment of chattel
• Harm chattel
• Intermeddle chattel

Question 27

D takes Hanna’s Ryan doll thinking that it’s his (acted in good faith). Is D liable for a tort?

Answer 27

YES - for T2Ch.

Mistake as to ownership doesn’t matter. D deprived Hanna’s use and enjoyment of Ryan doll.

Question 28

What is conversion?

Answer 28

The intentional interference with P’s possession or ownership of property that is “so substantial” that D must pay for property’s full value (forced sale)

Question 29

Elements of conversion?

Answer 29

1. Intent
   - to take possession of property
2. interference is “so substantial”
   - withhold property for long time
   - destroy or fundamentally alter