Intentional Torts

Question 1

What is a battery?

Answer 1

D must commit a harmful or offensive contact with the P’s person.

Note: The standard is that of a reasonable person, conduct that is not permitted by a person of ordinary or normal sensitivity (e.g. unwanted sexual touching). Contact with the P’s person includes anything connected with the P’s body.

Question 2

What is an assault?

Answer 2

D must put P in reasonable apprehension of an immediate battery (harmful or offensive contact).

Note: In order for there to be apprehension, P just must have knowledge. Apprehension does not necessarily equal fear. Words alone lack immediacy, there must be conduct of a menacing gesture.

Question 3

What is false imprisonment?

Answer 3

D must commit an act of restraint and P is confined in a bounded area.

Note: Threats are sufficient, don’t need physical acts. An act of restraint only counts if P is aware of it or harmed by it.

Question 4

What is intentional infliction of emotional (mental) distress?

Answer 4

D must engage in outrageous conduct
P must suffer severe emotional distress

Note: Includes intentional or reckless conduct; recklessness as to the effect of D’s conduct satisfies the intent requirement. Outrageous conduct = when it exceeds all bounds of decency tolerated in a civilized society; Mere insults do not meet the test, even if the D intends to upset you.

Question 5

What is trespass to land?

Answer 5

The physical invasion of land (real property)

Note: D need not be aware that he crossed the boundary line, but D is responsible for knowing where he is. Intent still matters - if D fell onto the land and didn’t want to be there then no intent. Throwing something physical in nature onto the land is enough.

P’s interest include the land above and soil below the P’s land.

Question 6

What distinguishes the torts of trespass to chattels from conversion? What type of recovery is available under each?

Answer 6

Under a conversion cause of action, P can recover the full market value of the item, not merely cost of repair; It operates as a forced sale (“you break it, you bought it”).

Furthermore, the two claims are distinguished by the degree of interference:
If the degree of interference is insignificant/modest/small harm then the appropriate cause of action is trespass to chattels;
If the degree of interference is significant/extensive/large harm then use the theory of conversion.

Question 7

What are the common defenses to intentional torts?

Answer 7

Consent, Protective Privileges, and Necessity

Question 8

What does it mean to have consent?

Answer 8

Consent can be either express or implied. You must consider whether P has the legal capacity to give consent, as well as the scope of consent. If the D exceeds the scope of consent, then he is liable for the tort.

Question 9

What is express consent?

Answer 9

Explicit permission, oral or written, to the D to commit a tort.

Question 10

What is implied consent?

Answer 10

Arises from D’s reasonable interpretation of P’s objective conduct (body language) OR consideration of custom and usage.

Question 11

What are the protective privileges? What is required to assert a protective privilege defense?

Answer 11

Self-defense, defense of others, or defense of property. With all three privileges, D is responding to a threat.

In order to have a valid protective privilege:

(1) Timing: the threat must be in progress or imminent;
(2) Reasonable: Reasonable belief that the threat is genuine;
(3) Necessary Force: May only use the force necessary.

Question 12

What is public necessity?

Answer 12

When D invades P’s property in an emergency to protect the community as a whole, or a significant group of people (e.g. natural disasters like fires); absolute defense so person doesn’t hesitate

Question 13

What is private necessity?

Answer 13

When D invades P’s property to protect an interest of his own.

This is not an absolute defense. D must pay for actual harm done (compensatory damages), but D is not liable for nominative or punitive damages.

Question 14

What are the similarities between the torts of trespass to chattels and conversion?

Answer 14

Both trespass to chattels and conversion are intentional interference with an item of personal property (everything except land or buildings).

Trespass to chattels and conversion are claims for private civil, money damages remedies for vandalism or theft.

Question 15

When does interference occur for the purposes of the torts trespass to chattels and conversion?

Answer 15

Interference occurs when D damages or destroys the property OR takes it away from P.

Question 16

What does the defense of necessity apply to?

Answer 16

Applies only to torts to property.

Question 17

How long can D stay on P’s land if asserting a private necessity defense?

Answer 17

As long as the emergency continues, the P must allow the private necessity D to stay on land in a position of safety, P may not throw private necessity D off the land (evict, expel him) until the emergency is over.