Intentional Torts

Question 1

What are the elements for battery in a dual-intent jurisdiction?

Answer 1

If one acts intending to cause a harmful or offensive contact with the person of the other, and a harmful or offensive contact with the person of the other directly or indirectly results.

Question 2

What are the elements for battery in a single-intent jurisdiction?

Answer 2

An actor is subject to liability to another for battery if:
the actor intends to cause a contact with the person of the other, the actor’s conduct causes such a contact and the contact is offensive or harmful to the person of the other, and the other has not consented to the contact.

Question 3

What is the definition of intent?

Answer 3

Desire to cause the consequences of the act
OR
Belief that the consequences are substantially certain to result from it

Question 4

What is transferred intent?

Answer 4

If the actor’s intent is directed at causing the relevant tortious consequence to a third party, but the actor’s conduct causes the consequence to plaintiff. i.e. trying to commit a tort against one person and committing it against a different person.

Question 5

What is battery?

Answer 5

Conduct intentionally causing harmful or offensive contact with the person of another

Question 6

What is harmful contact?

Answer 6

Any physical impairment of the condition of another’s body, or physical pain or illness.

Question 7

What is a physical impairment?

Answer 7

When the structure or function of any part of the other’s body is altered to any extent even though the alteration causes no other harm.

Question 8

What is offensive contact?

Answer 8

Any contact that “offends a sense of personal dignity”. Determining a sense of personal dignity is an objective test.

Question 9

What is assault?

Answer 9

Conduct intentionally causing (actual and proximate) the plaintiff to apprehend an imminent harmful or offensive contact with their person.

Question 10

What is false imprisonment?

Answer 10

Conduct intentionally causing (actual and proximate) the unlawful confinement of another against his or her will.

Question 11

What does the shopkeeper’s privilege entail?

Answer 11

Gives the shopkeeper the privilege to detain a person whom they reasonably believe to have taken a chattel unlawfully for a reasonable time to conduct a reasonable investigation.

Question 12

What is permitted for recovery of property?

Answer 12

One may use reasonable force to recover chattel but only immediately after dispossession.

Question 13

What is intentional infliction of emotional distress (IIED)?

Answer 13

Extreme and outrageous conduct intentionally (or recklessly) causing (actual and proximate) severe emotional distress.

Question 14

What is the test for determining if the emotional distress is severe?

Answer 14

It would be distress so severe that no reasonable person should be expected to endure it. Often includes serious mental illness.

Question 15

What is trespass to land?

Answer 15

Conduct intentionally causing (actual and proximate) unauthorized entry onto land in the possession of another.

Question 16

What is trespass to goods/chattels?

Answer 16

Conduct intentionally intermeddling with a good of another, causing (actual and proximate) actual harm.

Question 17

What is conversion?

Answer 17

Conduct intentionally causing (actual and proximate) another to be deprived of dominion over his or her chattel/good.

Question 18

What are the six factors used to determine trespass to goods/conversion?

Answer 18

1- Extent and duration of control
2- Defendant’s intent to assert a right in the goods inconsistent w/ P’s ownership
3- Defendant’s good faith
4- Amount of actual interference with P’s right to use the chattel
5- Any harm done
6- Inconvenience or expense caused.

Question 19

Who bears the burden of proof for affirmative defenses?

Answer 19

The defendant.

Question 20

What are the 3 elements for a medical emergency?

Answer 20

1- Unable to consent
2- Urgent need for treatment
3- Serious bodily injury, and death would be likely to result if not treated.

Question 21

When is one able to use self-defense?

Answer 21

One may use reasonable force where one reasonably believes that such force is necessary to protect oneself from imminent harm.

Question 22

When is one able to use deadly force as a self defense method?

Answer 22

Only when one is anticipating deadly force. They also must be either in their home or unable to escape with complete safety.

Question 23

To what degree is one able to defend their property?

Answer 23

Possessor of land or chattels may use reasonable force to defend possession of land or chattels against intrusion.

Question 24

Is private necessity a partial or complete privilege?

Answer 24

Partial.

Question 25

Is public necessity a partial or complete privilege?

Answer 25

Complete.

Question 26

How do we define if the behavior was reckless?

Answer 26

The defendant had a reason to know there was a high degree of risk that their actions would cause harm. Subjective standard- matters what defendant knew at the time.