Intentional Torts

Question 1

Battery (rule)

Answer 1

A volitional act with the intent to cause a harmful or offensive contact with a person and causes a harmful or offensive contact with a person or a third party, directly or indirectly.

Question 2

Volitional (all intentional torts)

Answer 2

Decide to act, exercise of will

Question 3

Intent, general (all intentional torts)

Answer 3

Desire to cause the harmful consequence or knowledge to a substantial certainty that the harmful consequence will occur.

Question 4

Intent, child

Answer 4

If they can understand that the act will lead to the consequence.

Question 5

Intent, insanity

Answer 5

Capable of entertaining intent and do entertain intent.

Question 6

Effect of joke, mistake, intended benefit on intent

Answer 6

Does not negate intent.

Question 7

Contact (battery)

Answer 7

With a person or integrally connected.

Question 8

Harmful (battery, and others)

Answer 8

Bodily damage, no need to be aware of contact

Question 9

Offensive (battery, et.al.)

Answer 9

Offensive to an ordinary person not unduly sensitive to personal dignity.

Question 10

Indirectly (battery, et.al.)

Answer 10

Set in motion the events that caused harmful or offensive contact.

Question 11

Assault (rule)

Answer 11

A volitional act made with the intent to cause a reasonable apprehension of an imminent harmful or offensive contact with a person and causes a reasonable apprehension of an imminent harmful or offensive contact to a person or a third party, directly or indirectly.

Question 12

Act (assault)

Answer 12

Overt act. Usually movement towards a person.

Question 13

Words alone (assault)

Answer 13

Words alone not enough unless reasonable person would be apprehensive. Overt act in furtherance of words will be enough.

Question 14

Reasonable (assault)

Answer 14

Reasonable person in the same circumstances would be apprehensive.

Question 15

Apprehension (assault)

Answer 15

Must know it is happening. Anticipation enough. Actor must have apparent ability to carry out act.

Question 16

Imminent (assault)

Answer 16

more than mere preparation

Question 17

False Imprisonment (rule)

Answer 17

Volitional act with intent to cause confinement of a person within boundaries set by the defendant and, directly or indirectly, causes confinement within boundaries fixed by the defendant to a person or a third party and they are conscious of the confinement or harmed.

Question 18

Boundaries fixed by defendant (false imprisonment)

Answer 18

Can be moving. Limited area. Depends on circumstances.

Question 19

Confinement (false imprisonment)

Answer 19

Against will, through force or threat of force, no reasonable means of escape.

Question 20

Reasonable means of escape (false imprisonment)

Answer 20

Plaintiff must know of means of escape and it must be apparent. Not required to harm themselves or perform unlawful condition to escape.

Question 21

Moral Persuasion (false imprisonment)

Answer 21

Not false imprisonment to persuade person to stay for moral reasons, or reputational reasons.

Question 22

Future/Conditional Threats (false imprisonment)

Answer 22

Not false imprisonment unless they impose an unlawful condition.

Question 23

Conscious of confinement (false imprisonment)

Answer 23

Can’t learn of confinement later.

Question 24

Trespass to land (rule)

Answer 24

Volitional act with intent to enter another’s land and does enter another’s land.

Question 25

Intent (trespass to land)

Answer 25

Even if believed they had a right to enter, but didnt.

Question 26

Another (trespass to land)

Answer 26

owner or possessor

Question 27

Air (trespass to land)

Answer 27

immediate reaches and substantial interference with use and enjoyment.

Question 28

Underground (trespass to land)

Answer 28

to the extent it could or does substantially interfere with use

Question 29

Enter (trespass to land)

Answer 29

Physically invade, without permission. Knowingly remain after permission is withdrawn.

Question 30

Trespass to chattel (rule)

Answer 30

Volitional act with intent to cause interference with a person’s ownership or possession of chattel and does interfere with a person’s ownership or possession of chattel.

Question 31

Mistake (trespass to chattel)

Answer 31

no defense

Question 32

Interference (trespass to chattel)

Answer 32

With dominion or control

Question 33

Dispossession (trespass to chattel)

Answer 33

Temporary taking for some time or refusal to return.

Question 34

Intermeddling (trespass to chattel)

Answer 34

Only physical contact. affected condition or quality, value etc.

Question 35

Conversion (rule)

Answer 35

Volitional act with intent to cause substantial interference with a person’s ownership or possession of chattel and does substantially interfere with a person’s ownership or possession of chattel.

Question 36

Substantial interference (conversion)

Answer 36

more likely the greater the extent and longer the duration of the dominion or control.

Question 37

Intentional Infliction of Emotional Distress (rule)

Answer 37

Volitional act with intent to cause, or reckless disregard to the high probability of cause, severe emotional distress, through extreme or outrageous conduct and causes severe emotional distress to a person or a bystander.

Question 38

Severe emotional distress (IIED)

Answer 38

Distress so severe, more than a reasonable person would be expected to endure

Question 39

Extreme and outrageous conduct

Answer 39

Beyond the bounds of decency. Not insults or profanities, unless aware of particular vulnerabilities.

Question 40

Bystander

Answer 40

Knew plaintiff was present and witnessed. Need physical manifestation of distress unless related.