Intentional Torts

Question 1

Assault: Definition

Answer 1

Act with intent to cause reasonable apprehension of imminent harmful or offensive touching

Question 2

Assault: Elements

Answer 2

1. Volitional act intending to cause apprehension
2. Causing reasonable apprehension
3. Of imminent
4. Harmful or offensive touching

Question 3

Battery: Definition

Answer 3

Intentional harmful or offensive touching of another (without consent)

Question 4

Battery: Elements

Answer 4

1. Intent + volitional act (SUBSTANTIAL CERTAINTY)
2. Harmful/offensive (to reasonable person)
3. To P’s person
4. Causation

Question 5

Transferred Intent

Answer 5

Intent to commit one tort is transferred, if injury to second person occurs

Question 6

Assault & Battery: Defense: CONSENT

Answer 6

Actual: express–consent by words

Apparent: based on reasonable interpretation of P’s conduct as giving consent (e.g. game)

Implied: by custom, based on surrounding circumstances (e.g. subway)

Question 7

Assault & Battery: Defense: DEFENSE OF

Answer 7

Self; or
Other (stand in their shoes at your peril); or
Property (non-deadly)

• *Must be in progress or imminent
• *Use only proportionate force

Question 8

False Imprisonment: Definition

Answer 8

Intentional physical or psychological confinement of another within fixed boundaries

Question 9

False Imprisonment: Elements

Answer 9

• Intent
• Act or omission that confines
  
  • -threats
  • -time irrelevant
  • -aware OR damaged
• To bounded area
  
  • -no reasonable means of egress
  • -no duty to escape

***Standard: P does not feel free to leave

Question 10

False Imprisonment: Defenses

Answer 10

• Consent
• Defense of…
• Lawful Arrest
• Shopkeeper Privilege: Reasonable
  
  • grounds
  • time
  • force
  • investigation

Question 11

IIED: Definition

Answer 11

Conduct of an extreme or outrageous nature calculated to cause and does cause severe emotional damage

**Intent OR Reckless (acting with disregard for high probability of emotional distress)

Question 12

IIED: Elements

Answer 12

• Intent OR Reckless
• Outrageous (beyond decency)
• Causation
• Damages (severe emotional distress; physical injury not required)

Question 13

IIED: Lower Standard

Answer 13

Ps with known sensitivities or fragile class

Public (special relationships with public)

Common carriers (bus drivers/conductors/stewards)

Repetitive Conduct

Question 14

IIED: Bystander

Answer 14

Present

Closely related to injured person

Defendant knew of presence and relation

Question 15

Trespass to Land: Definition

Answer 15

Intentional entry upon land in possession of another without consent

Question 16

Trespass to Land: Defenses

Answer 16

• Accidental (no liability)
• Consent
• Necessity
  
  • public-protect community
  • private-protect self (incomplete defense)
• Entry to Abate Nuisance
  
  • P is owner/possessor of affected land
  • P made Demand
  • Entry reasonable
  • Force reasonable

**Mistake is NOT a defense

Question 17

Trespass to Chattel: Definition

Answer 17

Intentional interference with chattel in possession of another

**Need Causation & Damages

Question 18

Trespass to Chattel: Remedies

Answer 18

• diminution in value OR cost of repair

- reasonable rental value

Question 19

Trespass to Chattel: Defenses

Answer 19

• Consent
• Defense of…
• Necessity

**Mistake is NOT a defense

Question 20

Conversion: Definition

Answer 20

Intentional exercise of wrongful dominion or control over chattel of another

**No damages required

Question 21

Conversion: Remedy

Answer 21

• forced sale: FMV at time and place of conversion
• replevin
• detinue

Question 22

Conversion: Defenses

Answer 22

Necessity

**Mistake is NOT a defense