Intentional Torts

Question 1

Battery elements

Answer 1

(1) intent to contact, or transferred intent from assault or another tort = purpose or substantial certainty of contact which is harmful or offensive
(2) actual contact = a touching of plaintiff’s person or something closely connected to the person
(3) harm or offense = damage is not required; harm or offense is measured by person of reasonable sensibilities.
note: generally: intent is subjective; harm or offense is objective

Question 2

assault elements

Answer 2

(1) intent (“purpose or knowledge to a substantial certainty of an imminent battery”) to create a reasonable apprehension of an imminent battery
(2) a reasonable apprehension of an imminent battery (not the same as fear)
(3) the apparent means to complete the battery

Question 3

false imprisonment elements

Answer 3

(1) the intent to confine = purpose or knowledge to a substantial certainty of confinement
(2) actual confinement = actual and complete confinement. a reasonable means of escape destroys false imprisonment

note: can have indirect imprisonment; like if i take your wallet and force you to follow me – restriction of movement

Question 4

intentional infliction of emotional distress

Answer 4

(1) specific intent – purpose o r substantial certainty of creating emotional distress
(2) extreme and outrageous behavior (“beyond the toleration of reasonable members of society”)
(3) causation of severe emotional distress
(4) severe emotional distress; minor emotional upset will not satisfy (usually this is effects that could be diagnosable, long-term obvious outcomes)

Question 5

intentional interference with immovables

Answer 5

(1) intent = purpose or substantial certainty of entrance (dont need to know that the property is someone else’s as long as you intend to enter that space)
(2) physical entrance onto the land of another
- land includes above and below the surface of the land

Question 6

intentional interference with movables

Answer 6

trespass to chattel and conversion in common law

(1) intent to interfere with dominion or use and enjoyment of the chattel of another
(2) substantial interference with another’s dominion or use and enjoyment

Question 7

intentional interference with contractual relationship

Answer 7

(1) contract between plaintiff and third party
(2) defendants knowledge of that contract
(3) defendants intentional interference with the contract
(4) causation of damages

Question 8

defamation

Answer 8

a false statement that damages reputation:

(1) false and defamatory statement concerning another
(2) an unprivileged publication to a third party
(3) fault: negligence or greater on part of publisher
(4) injury – for some types of defamation, injury is presumed

Question 9

defamation with public officials

Answer 9

for speech regarding public officials or a matter of public concern, apply actual malice standard = actual knowledge that the statement is false OR reckless disregard for the statement’s truth or falsity

Question 10

defamations related to private peoples when there is a matter of public concern

Answer 10

have to prove injury and fault by clear and convincing evidence.

Question 11

defamation defense privileges

Answer 11

absolute privilege = statements made by judges, witnesses, court proceedings, legislators etc
conditional/qualified privilege = employment reports, reporting of crime, non-court statements of an attorney

to overcome conditional privilege, must show actual malice

Question 12

intrusion on seclusion elements

Answer 12

peeping tom cases

intentional intrusion — purpose or knowledge to a substantial certainty that there is intrusion
there has to be seclusion — fact-intensive analysis
has to be highly offensive to a reasonable person

Question 13

appropriation of name or likeness

Answer 13

celebrity advertising campaign use OR private individual privacy concern case

appropriation by the defendant 
to his or her benefit 
a plaintiff’s name or likeness 
without consent 
that creates actual damage

Question 14

publicity given to private facts

Answer 14

discussing peoples’ health diagnoses falls here

publicity to the public
about private facts
is highly offensive and not of reasonable importance to the public

Question 15

false light

Answer 15

not well developed

example = publicizing picture of pro-choice candidate at right to life rally

Question 16

malicious prosecution elements:

Answer 16

an original criminal or civil proceeding
the plaintiff in malicious prosecution action must have been the defendant in the original proceeding
termination of the original proceeding in favor of the malicious prosecution plaintiff (ie, acquittal)
the absence of probable cause for the original proceeding
damages

Question 17

abuse of process elements:

Answer 17

ulterior purpose

wilful act in the use of process that is improper

Question 18

defenses to torts

Answer 18

consent 
self defense 
defense of others 
arrest and detention
defense of property and recapture of chattels

Question 19

consent

Answer 19

must be valid, must have consent. consent is vitiated where there was fraud, duress, or misrepresentation
however, it is valid when given by mistake
consent may be given impliedly — by facts and circumstances
consent may be withdrawn at any time that is reasonable

Question 20

self defense

Answer 20

actor must have reasonable grounds to believe that self defense is necessary
even if it actually is not necessary
actor may only use reasonable force to defend herself
excessive force exceeds the scope of the privilege - and may create a new tort

Question 21

defense of others

Answer 21

you can defend others to the extent that the third person could defend herself
note: subtype is the codal provision of the parental privilege. privilege of parent to defend their child

Question 22

store owners privilege when suspected theft

Answer 22

store owners are privileged to detain a person up to 60 minutes

when they have reasonable belief of a theft

you have to engage in questioning, not just throw someone in a room

Question 23

necessity: public and private

Answer 23

necessity allows defendant to trespass where the action will result in the greater good, usually saving lives