Intentional Torts

Question 1

When are P’s super sensitives taken into account?

Answer 1

Only when D knew of them in advance

Question 2

When does a person “intend” the consequences of her actions?

Answer 2

If it was her purpose to bring about the consequence or if she knows with substantial certainty that those consequences will result

• D doesn’t have to intend the injury, just the consequence

Question 3

What is the transferred intent doctrine?

Answer 3

The D’s intent to commit a tort against one person is transferred to the actual tort or actual victim for purposes of establishing a prima facie case.

• does not apply to IIED (unless test is met) or conversion

Question 4

To which torts does the transferred intent doctrine not apply?

Answer 4

IIED

Conversion/Trespass to Chattels

Question 5

Battery:

Elements

Answer 5

(1) Harmful or offensive contact

(2) with the P’s person [or anything connected to P’s person]

Question 6

What elements are required to establish a prima facie case for intentional tort liability?

Answer 6

1. Voluntary act by the Defendant
2. Intent (specific or general; transferred)
3. Causation (but-for / substantial factor)

Question 7

Battery:

Definition of “harmful” or “offensive” contact

Answer 7

contact that would be offensive to a reasonable person

• can be direct (striking plaintiff) or indirect (setting a trap for plaintiff to fall int)

Question 8

Assault:

Elements

Answer 8

(1) D’s act creates in P a reasonable apprehension
(2) of immediate harmful or offensive contact to P’s person
- need more than mere words

Question 9

Assault:

Meaning of “apprehension”

Answer 9

Expectation (as opposed to fear/intimidation)

e.g. a weakling threatening to hit a bodybuilder still creates apprehension, but not fear

Question 10

Assault:

Requirements for “apprehension”

Answer 10

1) P must be aware of the threat — can’t be unconscious
2) No req that D actually be capable of carrying out threat — apparent ability is enough
3) Need words and/or conduct (and words can negate threat)
4) Conditional threats are sufficient
5) Threat must be immediate (not a future contact)

Question 11

False Imprisonment:

Elements

Answer 11

(1) Confinement or restraint
(2) to a bounded area

[inconvenience not enough; escape path must be known and reasonable]

Question 12

False Imprisonment:

Requirements for “restraint”

Answer 12

1) P must have been aware of the confinement

2) No minimum length of time

Question 13

False Imprisonment:

What counts as “sufficient restraint

Answer 13

1) Physical barriers
2) Physical force directed at P, immediate family, or P’s property (e.g., withholding wallet)
3) Direct or indirect (implied) threats of force
4) Failure to provide means of escape (where D has an affirmative duty to do so)
5) Invalid use of legal authority (false arrest)

Note: moral pressure and threats of future force are insufficient

Question 14

False Imprisonment:

Privileged Arrest (felony)

Answer 14

• By police:* Reasonable grounds to believe person committed a felony
• By citizen:* (1) Reasonable grounds to believe the person committed a felony, and (2) a felony was in fact committed

Question 15

False Imprisonment:

Privileged Arrest (misdemeanor)

Answer 15

Police or citizen: (1) misdemeanor was a breach of the peace; and (2) was committed in arresting party’s presence

Question 16

False Imprisonment:

What counts as a “bounded area”

Answer 16

(1) P’s freedom of movement is limited in all directions (2) And there is no reasonable means of escape of which P is aware

Question 17

IIED:

Elements

Answer 17

(1) extreme and outrageous conduct (beyond the bounds of normal decency)
(2) Intent to cause P to suffer severe emotional distress or recklessness as to the effect of D’s conduct
(4) severe emotional distress

Question 18

IIED:

“outrageous conduct”

Answer 18

Conduct that transcends all bounds of decency tolerated by society

non-outrageous conduct might become outrageous if it’s

(1) continuous
(2) directed against a special P: child, elderly person, pregnant woman; or
(3) by a common carrier or innkeeper against a patron

Question 19

IIED:

“Intent” - bystanders (MBE)

Answer 19

1) P was present when physical injury occurred to another person
2) P was a close relative of the injured person
3) D knew P was present and a close relative

X = D had a design or purpose to cause severe distress to the Plaintiff bystander

Question 20

What is the only tort that requires actual damages (as opposed to just nominal)?

Answer 20

IIED

Question 21

Trespass to land:

Elements

Answer 21

(1) Act of physical invasion to real property

(2) Intent to bring about physical invasion [note: mistake not a defense]

Question 22

Trespass to land:

Scope of “physical invasion”

Answer 22

1) D not required to personally come onto land—could cause a flood, throw rocks, chase someone else on, etc.
2) Damage without physical entry is treated as nuisance, not trespass

Question 23

Trespass to land:

Scope of “land”

Answer 23

1) surface
2) air—to depth P can make beneficial use of it
3) subsurface—same as above

Question 24

Trespass to Chattels / Conversion:

Elements

Answer 24

(1) Interference with P’s right of possession (either theft or destruction) in the chattel
(2) Intent to perform the act bringing about the interference [MISTAKE NOT A DEFENSE. So if you grab wrong item thinking its yours, it is not a defense]

Note: conversion needs “serious interference with possessory rights” (look at time and extent of use)

Question 25

Conversion:

Remedies

Answer 25

1) Damages (FMV at time of conversion)

2) Replevin

Question 26

Defenses to Intentional Torts (6)

Answer 26

1. Consent (express or implied)
2. Self-defense
3. Defense of others
4. Defense of property / Recapture of Chattels
5. Necessity [only for property torts]
6. Discipline

Question 27

Defenses to Intentional Torts:

Consent

Answer 27

• Express (actual) consent* exists where the P has expressly shown a willingness to submit to D’s conduct
• Implied consent* is where a reasonable person would infer consent from P’s conduct [apparent consent]—consent inferred as a matter of usage or custom.
• Exceptions*
  1) Mistake—but only if caused by D or D knew and took advantage
  2) Fraud—but only if it goes to an essential matter
  3) Duress
  4) Lack of capacity (e.g., incompetent, drunk, child)

Question 28

Consent:

Two-Party Inquiry

Answer 28

1) Was the consent valid?

2) Did D exceed the scope of the consent?

Question 29

Self-defense:

Elements

Answer 29

1. Reasonable belief
2. Of an imminent threat of force
3. Reasonable force

X = initial agressors (unless there is escalation)

Question 30

Self-Defense:

Rules for deadly force

Answer 30

A person may use deadly force only when he or she reasonably believes he or she is in danger of serious bodily injury.

Minority Rule: Actor must retreat before using deadly force (if it can be done safely) unless the actor is in his own home.

Question 31

Defense of Others:

Elements

Answer 31

Reasonable belief that the other person would have the right of self-defense

Majority rule: mistaken defense of others is ok if reasonable

Question 32

Defense of Property / Recapture of Chattels:

General rule and limitations

Answer 32

Can use reasonable force to prevent the commission of a tort against real or personal property

• Limits:*
• No deadly force
• Ask tortfeasor to desist before using force (X = futile/dangerous)
• Can be superseded by other privileges (e.g., necessity)

Question 33

Reentry onto Land:

General rule

Answer 33

At common law, could use reasonable force to regain possession.

Modern rule is no self-help allowed; have to bring ejectment action

Question 34

Can you use force to recapture property?

Answer 34

You can only use reasonable force to recapture property if you are in hot pursuit

Question 35

Shopkeeper’s privilege

Answer 35

Shopkeeper can detain a suspected shoplifter if:

1) shopkeeper reasonably believes a theft occurred
2) detention is conducted in a reasonable manner
3) detention is only for a reasonable period of time and purpose of making an investigation

Question 36

Necessity

Answer 36

1) Interference concerns real/personal property
2) Interference is reasonably and apparently necessary to avoid threatened injury
3) threatened injury > interference

Public necessity = absolute

Private necessity = qualified (have to pay damages) (X = act was to benefit land owner)