Intentional torts

Question 1

Battery

Answer 1

Intent plus harmful bodily contact with another plus cause in fact plus proximate cause plus injury

Question 2

Assault

Answer 2

P must prove intent and act of threatening nature and that puts p in a reasonable fear of imminent bodily harm and causation and injury

Question 3

Garret v Dailey

Answer 3

Consideration of intent and place in the law of battery.

The boy had no intent so no battery.

Question 4

Picard v Barry Pontiac

Answer 4

P had a case for assault and battery b/c the d touched her camera even though he didn’t touch her body.

Question 5

Wishnatay v. Huey

Answer 5

Would battery be offensive to a reasonable sense of dignity?

In this case, no.

Question 6

False Imprisonment

Answer 6

Must show intent, unlawful restraint, causation and injury

Question 7

Lopez v Donut House

Answer 7

Must look for physical barriers, physical force, threats of physical force, asserted legal authority or other duress

Question 8

Defense to intentional torts

Answer 8

Consent, self-defense, defense of property, necessity

Question 9

Barbara A v John

Answer 9

Consent is a defense to intentional torts unless the d fraudulently obtained the consent or excessed the scope of the intent

Question 10

Courvouser v Raymond

Answer 10

Self defense is a defense if d can show reasonable fear of imminent death or serious bodily harm.

Question 11

Katko v Briney

Answer 11

Defense of property is a defense unless D used unreasonable force that would cause serious bodily injury or harm.

Question 12

Vincent v Lake Erie

Answer 12

Invoke necessity defense only if harming p’s property entirely through forces beyond human control.