Intentional Torts

Question 1

Elements of Intentional Torts

Answer 1

(1) voluntary act; (2) intent; and (3) causation

Question 2

Voluntary Act

Answer 2

Defendant must have the state of mind that directed the physical movement

Question 3

Intent

Answer 3

Defendant acts (1) with the purpose of causing the consequence; or (2) knowing the consequence is substantially certain to result

Question 4

Transferred Intent

Answer 4

Occurs when a person intends to commit an intentional tort against one person but instead commits: (1) a different intentional tort against the same person; (2) the same intended tort against a different person; or (3) a different intentional tort against a different person

Question 5

Types of Intentional Torts

Answer 5

Battery, assault, false imprisonment, trespass to land, and trespass to chattels

Question 6

Causation

Answer 6

Defendant’s conduct was a substantial factor in creating the harm

Question 7

Battery

Answer 7

Intentional act that causes harmful or offensive contact to another person

Question 8

Act

Answer 8

Volitional movement

Question 9

Contact

Answer 9

Either direct or indirect touching or anything that is connected to the person (e.g., a cane), plaintiff does not need to be aware of the contact when it occurs

Question 10

Harmful

Answer 10

Causing physical pain, injury, or illness

Question 11

Offensive

Answer 11

Violating a reasonable persons sense of dignity

Question 12

Defense to Battery

Answer 12

No battery if there was express or implied consent

Question 13

Damages for Battery

Answer 13

Defendant is liable for any damages that ensue, even if not intended or foreseeable (e.g., the “eggshell plaintiff”), no proof of actual damages is required, punitive damages may be permitted if defendant acted outrageously or with malice

Question 14

Assault

Answer 14

Intentional act that causes reasonable apprehension of imminent harmful or offensive contact to another person

Question 15

Apprehension

Answer 15

Awareness, the apprehension must be reasonable, plaintiff must be aware or have knowledge of the defendant’s act, actual fear is NOT required

Question 16

Imminent

Answer 16

Must be without significant delay (no threats of future harm or threats by someone who is not in the position to carry out the threat)

Question 17

Damages for Assault

Answer 17

No proof of actual damages is required, plaintiff can recover nominal damages and punitive damages, plaintiff can also recover damages for physical harm (e.g., heart attack)

Question 18

False Imprisonment

Answer 18

Intentional act that causes the confinement or restraint of another person to a bounded area

Question 19

Acts of Confinement/Restraint

Answer 19

Use of physical barriers, physical force, threats of force, invalid use of authority, but not moral pressure or future threats

Question 20

Bounded Area

Answer 20

Plaintiff’s freedom of movement must be limited in all directions with no reasonable means of escape

Question 21

Shopkeeper’s Privilege

Answer 21

A shopkeeper can detain a suspected shoplifter for a reasonable time and in a reasonable manner without being considered false imprisonment

Question 22

Damages for False Imprisonment

Answer 22

Actual damages are not required, nominal damages may be recovered unless plaintiff is not aware of the confinement, in some cases plaintiff may recover punitive damages

Question 23

Intentional Infliction of Emotional Distress (IIED)

Answer 23

Intentional or reckless extreme and outrageous conduct that causes severe emotional distress

Question 24

Extreme or Outrageous Conduct

Answer 24

exceeds the limits of human decency so as to be intolerable to society (mere insults, indignities, or threats are not enough)

Question 25

Bystander Cases of IIED

Answer 25

Defendant is liable if he or she intentionally or recklessly causes severe emotional distress to: (1) a member of the victims family who is present at the time of the defendant’s conduct; or (2) any other bystander who is present IF the defendant is aware of the bystander AND the distress results in bodily injury

Question 26

Damages for IIED

Answer 26

Physical injury is NOT required (except in cases of bystander other than a family member)

Question 27

Defenses to Intentional Torts

Answer 27

Express consent, implied consent, incapacity, self-defense, defense of others, defense of proper, intrusion upon land, recapture of chattels, and parental discipline

Question 28

Trespass to Chattels

Answer 28

Intentional act that causes interference with right of possession in chattel with damages

Question 29

Conversion

Answer 29

Intentional act that causes interference with right of possession in chattel, in a matter so serious as to deprive the plaintiff entirely of the use of the chattel, with damages

Question 30

Trespass to Land

Answer 30

Intentional act that causes physical invasion of real property

Question 31

Physical Invasion of Property

Answer 31

Failure to leave the plaintiff’s property after a lawful right of entry expired (can be physical, but can include flooding the land, throwing rocks on the land, etc.)