Intentional Torts/Affirmative Defenses

Question 1

Nature of Intent

Answer 1

Purpose: for the conscious objective of causing a particular result

Substantial Certainty: knew it was substantially certain that a particular outcome would result from the act (DAILEY)

jurisdictional split

Question 2

Transferred Intent

Answer 2

Types =
1. same victim, different tort
2. victim to victim (TALMAGE)
3. across tort and victim

Question 3

Battery

Answer 3

Elements =
1. intent
2. result
- indirect (FISHER)/direct/remote contact
3. harmful or offensive (OLSON)

Question 4

Assault

Answer 4

Elements =
1. intent
2. imminent apprehension
- words + physical action
3. succeed in frightening
(WESTERN)

Question 5

False Imprisonment

Answer 5

Elements =
1. intent to confine
2. succeed in confining
3. victim is aware and/or harmed by the confinement

Question 6

Shopkeeper’s Privilege [affirmative defense]

Answer 6

Test =
1. reasonable belief?
2. reasonable manner?
3. reasonable time?
(STOP-N-GO)

Question 7

Intentional Infliction of Emotional Distress - IIED

Answer 7

Elements =
1. intent
- intentional or reckless
2. extreme and outrageous conduct
3. severe emotional distress results
(NAGATA)
* requires a causal connection

jurisdictional split

Question 8

Trespass to Land

Answer 8

Elements =
1. intent
- mistake is not an exception
2. interference with property rights
* continued trespass to land requires the same elements (ROGERS)

Question 9

Trespass to Chattel

Answer 9

Elements =
1. intent
2. interference with property rights
- liable for damages
(INTEL)

Question 10

Conversion of Chattel

Answer 10

Elements =
1. intent
2. interference with property rights
3. leads to conversion
- liable for full value
* consider determining factors - duration, intent, harm done, etc.

Question 11

Umbrella Tort

Answer 11

Plaintiff can sue for damages based on a broad overarching theory of liability that encompasses various specific wrongful acts

Question 12

Consent Overview [affirmative defense]

Answer 12

Tests =
1. Subjective Standard: Was the individual personally willing for the conduct or consequences to occur, regardless of whether they communicated it?

2. Objective Standard: Would a reasonable person interpret the individual’s words or actions as indicating consent?

Question 13

Expressed VS. Implied Consent [affirmative defense]

Answer 13

Test =
1. Did the individual clearly and explicitly communicate their consent through words or actions?
–> expressed . . . OR . . .
2. Can the individual’s consent be reasonably inferred from their behavior or surrounding circumstances?
–> implied (O’BRIEN)

Question 14

Implied Consent in Sports [affirmative defense]

Answer 14

The limits are not well defined
- consent (AVILA)
- not consent (HACKBART)

jurisdictional split

Question 15

Informed Consent in Medicine [affirmative defense]

Answer 15

Test =
1. plaintiff must be informed of material risks
2. if plaintiff was informed they would not have consented
- subjective standard
3. the unknown consequences did occur
4. plaintiffs suffered injury as a result
(RICE)

Question 16

Implied Consent in Medicine [affirmative defense]

Answer 16

• consenting to one surgery and receiving another
• allowed if the new procedure was to be expected (CHRISTMAN)

Question 17

Factors that Invalidate Consent

Answer 17

1. incapacity (GRAGER)
2. intoxication or other mental conditions
3. fraud or duress (DE MAY)
4. extreme power imbalance
   - NOT mentioned by Wonnell!

Question 18

Self Defense [affirmative defense]

Answer 18

Test = Would a reasonable person fear for their life under similar circumstances?
–> Non deadly force?
- privilege to use non deadly force in response
–> Deadly force? (HATTORI)
- privilege to use deadly force in response

Question 19

Duty to Retreat

Answer 19

Test =
1. Non deadly force?
- retreat is NOT required
2. Deadly force?
- retreat is required if there is a means of safely escaping the altercation
a. At home?
- retreat is NOT required
b. Stand your ground law?
- retreat is NOT required

Question 20

Defense of Others [affirmative defense]

Answer 20

Test = same as self-defense (PAGES)

Question 21

Defense of Property [affirmative defense]

Answer 21

Test = Would a reasonable person find it necessary to defend their property under similar circumstances?
–> Non deadly force?
- privileged to use non deadly force to defend property
–> Deadly force?
- not privileged to use deadly force UNLESS the owner’s life is in direct danger (KATKO)

Question 22

Recovery of Property

Answer 22

Test =
1. Was the property recovered in “hot pursuit”?
2. Was the thief correctly identified?
- reasonable belief is NOT good enough

Question 23

Necessity [affirmative defense]

Answer 23

Test = Was the intentional tort committed to avoid a greater evil, damage, or harm?
–> Private necessity? (VINCENT)
- incomplete defense
–> Public necessity?
- complete defense

Question 24

Legal Authority [affirmative defense]

Answer 24

Privileges exercised under the authority of law are exceptions to what would otherwise be tortious conduct

Question 25

Discipline of Children [affirmative defense]

Answer 25

Individuals standing in loco parentis have the privilege of inflicting reasonable corporal punishment upon children when necessary (SINDLE)