Intentional Torts

Question 1

Battery

Answer 1

a HARM OR OFFENSIVE CONTACT with the P’s person INTENTIONALLY caused by teh D

offensive - unpermitted to the ordinary person

Person - anything connected to teh person (e.g. even riding horse)

Question 2

Assault

Answer 2

Intentional creation by the defendant of a reasonable APPREHENSION of IMMEDIATE harmful or offensive contact to the plaintiff’s person

apprehension - knowledge - must see it coming

immediate - words alone are not enough. need conduct and it must be NOW. not tommorrow. Words can destroy immediacy (if you weren’t my BFF i would slap you)

Question 3

False Imprisonment

Answer 3

An intentional act or omission by the defendant that causes the plaintiff to be confined or restrained to a bounded area

restrained - either held there physically or with threats. Failure to act can be a phyislca restraint only if you had a duty (e.g. wheelchair)

BOUNDED AREA - not bounded if there is a reaosnable means to escape that can be reasonably discovered. cannot cause embarassment or would be gross or dangerous

Question 4

intentional inflicition of emotional distress

Answer 4

Intentional extreme and outrageous conduct by the defendant that causes the plaintiff to suffer severe emotional distress

INTENT NOT REQUIRED

outrageous conduct - exceeds all bounds of decency tolerated in a civilized society

look for continued conduct or common carrer or inkeeper, or targeting person’s weak spots

SEVERE EMO DISTRESS

Question 5

trespass to land

Answer 5

An intentional act by the defendant that causes a physical invasion of the plaintiff’s real property

PHYSICAL INVASTION - enter land (even unknowigly) or cause something to enter land

remember silo of land

Question 6

trespass to chattels

Answer 6

An intentional act by the defendant that causes an interference with the plaintiff’s right of possession in a chattel, resulting in damages

INTERFERE WITH RIGHT TO POSSESSION - remember only intent needs to be to do the action

Question 7

Conversion

Answer 7

An intentional act by the defendant that causes a serious interference with the plaintiff’s right of possession in a chattel

only intended to do act which caused interference with chattel

must pay full value of chattel (forced sale)

Question 8

Transferred Intent

Answer 8

Intent trnasfers from THE INTENDED tORT TO THE COMMITTED TORT or FROM THE INTENDED V TO THE ACTUAL V