Intentional Torts

Question 1

Battery

Answer 1

harmful or offensive contact to plaintiff’s person, intent, and causation

Question 2

Assault

Answer 2

an act by defendant creating a reasonable apprehension in plaintiff, of immediate harmful or offensive plaintiff’s person, intent, and causation (apparent ability sufficient)

Question 3

false imprisonment

Answer 3

an act or ommission on the party of defenant that confines or restrains plaintiff to bounded ares, intent, and causation

Question 4

Intentional infliction of emotional distress

Answer 4

1. an act by defendant amounting to extreme and outrageous conduct
2. intent or recklessness
3. causation and
4. damages-severe emotional distress

Question 5

tresspass to land

Answer 5

1. physical invasion of plaintiffs real property
2. intent
3. causation

Question 6

trespass to chattels

Answer 6

1. an act by defendant that interferes with plaintiff’s right of possession in a chattel
2. intent
3. causation
4. damages

Question 7

Conversion

Answer 7

1. an act by defendant that interferes with plaintiff’s right of possession in a chattel
2. intent
3. causation
4. damages - Fair market value of chattel

Question 8

defenses of intentional torts

Answer 8

1. consent
2. self-defense, defense of others, defense of property
3. privilege of arrest
4. necessity (private - must pay for damages)

Question 9

invasion of land

Answer 9

the privilege of arrest carries with it the privilege to enter another’s land for the purpose of effecting the arrest.

Question 10

Misdemeanor

Answer 10

if the arrest is for a misdemeanor, it is privileged only if for a breach of peace and if the action takes place in front of defendant

Question 11

felony

Answer 11

for a felony arrest, a police officer may make a reasonable mistake. Citizens may make a reasonable mistake regarding the identity of the felon, but not regarding whether the felony occurred.

Question 12

Felony arrest by police officer

Answer 12

1. privileged when officer reasonably believed that a felony has been committed and that the person he arrests has committed it
2. that degree of force reasonably necessary to make the arrest; deadly force only allowed when suspect poses a threat of serious harm.

Question 13

misdemeanor arrest

Answer 13

misdemeanor must be a breach of peace and committed in the arresting party’s presence and only force reasonably necessary to make the arrest, but never deadly force

Question 14

Shoplifting detention

Answer 14

a shopkeeper has privilege when

1. there must be a reasonable belief as to the fact of the theft
2. the detention must be conducted in a reasonable manner and only non deadly force can be used
3. the detention must be only for a reasonable period of time and only for the purpose of making an evidence.

Question 15

necessity

Answer 15

only a defense to property torts

Question 16

public necessity

Answer 16

when the act is for the public good

Question 17

private necessity

Answer 17

when the act is solely to benefit a limited number of people.