Intentional Torts

Question 1

Intentional Torts

Doctrine of transferred intent & applicable torts

Answer 1

If D intends to commit a tort but causes injury to a different victim OR commits a different tort than intended, original intent is transferred to the new victim/tort.

Applies to:

• Assault;
• Battery;
• False imprisonment; and
• Trespass to chattels or land

Question 2

Intentional Torts

Battery: Elements

Answer 2

1. Intentional touching;
   
   • Can be body/object w/ close physical connect (purse)/creating circumstances that will harm (pulling away chair)
2. That causes harmful or offensive contact
   
   • ​Causes injury, pain, or any physical discomfort to P
   • Offends a reasonable person’s sensibilities

PA: surgery without informed consent is battery; MBE treats failure to disclose risks a breach in negligence framework

• informed consent = disclosure of all risks a reas pers would consider important

Question 3

Intentional Torts

Defenses to Battery (4)

Answer 3

1. Consent;
   
   1. PA Consent: when both sides engaged in “mutual combat”, P’s recovery limited to actual damages (no punitive)
2. Self-defense;
   
   • PA Self-Defense: no duty to retreat in home/work (generally), or any place where person has right to be (if protecting against death/serious bodily injury/kidnapping/rape).
3. Defense of property; and
4. Defense of others
   
   • PA Reasonable mistake: use of force justified IF reasonable belief that other person would be permitted to use self defense, and such force was necessary)

Question 4

Intentional Torts

Assualt: Elements (4)

Answer 4

1. Intentional act by D that creates;
2. P’s reasonable apprehension;
   
   • P must be aware and apprehends imminent harm (even if D is unable to carry out threat)
3. Of imminent harmful or offensive physical contact; and
   
   • Mere words are insufficient!
4. Causation

Question 5

Intentional Torts

False Imprisonment: Elements (3)

Answer 5

1. D intends to confine or restrain P in a bounded area;
2. D actually confines or restrains P in bounded area; and
3. P knows or is harmed by confinement

Confinement: Freedom of movement in all directions is limited with ​no reasonable means of escape.

Tort encompasses false arrest (false assertion of legal authority)

Question 6

Intentional Torts

False Imprisonment: Shopkeeper’s Privilege (Defense)

Answer 6

A shopkeeper is not liable for false imprisonment if she:

1. Has a reasonable suspicion that P has stolen goods;
   
   • Note: PA requires heightened probable cause (not merely reasonable suspicion)
2. Uses reasonable force to detain P; and
3. Only detains P for a reasonable time to confirm/deny the suspicion

Note: Only non-deadly force allowed. Shopkeeper can be liable for P’s injuries if actions exceed scope of privilege .

Question 7

Intentional Torts

Intentional Infliction of Emotional Distress: Elements (3)

Answer 7

1. D acts intentionally or recklessly;
2. With extreme and outrageous conduct; and
   
   • exceeds all bounds tolerated by civilized society
   • also applies where D has heightened duty (inkeeper, common carrier, position of authority) OR where P is particularly suscepitble group
3. Causes P’s severe emotional distress
   
   • ​​distress that is expected to adversely affect mental health: is substantial & lasting.

Question 8

Intentional Torts

Intentional Infliction of Emotional Distress: Elements for bystander recovery (5)

Answer 8

1. D intentionally or recklessly harmed a third party;
2. P was present at the scene and witnessed the event;
3. P was closely related to victim (i.e. immediate family);
4. D knew P was present and closely related; and
5. P suffers extreme emotional distress as a result

⚠️ Note: P does not need to prove the above elements if D’s design or purpose was to cause severe emotional distress to P

Question 9

Intentional Torts

Trespass to Land: Elements (2)

Answer 9

1. D intentionally;
   
   • only need intent to enter land; no need intent to interfere with property
2. Physically invades P’s real property
   
   • Includes physical invasion OR object thrown/controlled by D
   • Smells, lights, and sounds are not physical invasion of land (but may be nuisance)

P’s remedy is action in ejectment to recover land; may not use force!

D’s mistake is not a defense!

Question 10

Intentional Torts

Trespass to Chattel: Elements (4)

Answer 10

1. D intentionally;
2. Intermeddles or uses;
3. P’s personal property (chattel); and
4. Causes damage or loss of use

Note: trespass to chattel generally shorter in duration than conversion and involves less severe harm.

Limits recovery to cost of repair or rental value

Question 11

Intentional Torts

Trespass to Chattel: Conversion (4)

Answer 11

1. D intentionally;
2. Exercises dominion and control over;
3. P’s personal property (chattel); and
4. To deprive P of its use

Note: Conversion is more extensive than TP to chattel; usually results in significant interference that entirely deprives P of use of chattel.

P can recorver full value or replevin

Note: deprivation need not be permanent!

Question 12

Intentional Torts

Defenses (generally) (6)

Answer 12

1. Consent;
   
   • negated when: D exceeds scope of consent; P lacks capacity; resulted from duress or fraud
2. Self-defense;
3. Defense of others
4. Defense of property;
   
   • ONLY reasonable, non-deadly force, after asking trespasser to stop
5. Necessity; and
   
   • Tort commited to avoid a substantially greater harm
   • Public necessity (protect public from severe, imminent disaster) an absolute defense
6. Recapture
   
   • ​​D may trespass and use peaceful means to recover;
   • When in hot pursuit (ongoing act of theft), may use nondeadly force

Question 13

Intentional Torts

Private Nuisance Elements (3)

Answer 13

Private nuisance occurs when the D’s conduct:

1. Substantially - offensive, inconvenient, or annoying to avg person
2. Unreasonably - balancing: severity of injury vs. utility of conduct
3. Interferes with use and enjoyment of individual’s property