Intentional Torts And Defenses

Question 1

Int. Torts Prima Facie Case

Answer 1

Act by D: A volitional movement by the D
Intent: Specific, General, or Transferred (ALWAYS REQUIRED FOR INT. TORTS)
Causation: Legal cause, or a substantial factor (ALMOST ALWAYS REQ. FOR INT. TORTS)
Physical Injury: Not needed. Apprehension enough for assault, embarrassment enough for IIED.

Question 2

Transferred Intent

Answer 2

D’s intent may be transferred from one potential P to another P. Invoked during: 1. Assault, 2. battery, 3. False Imprisonment, 4. T to land, 5. T to Chattels (ABFTT)

Question 3

Specific v. General Intent (TORTS)

Answer 3

Specific: D had the specific purpose or desire to bring about specific consequences

General D knew w/a substantial certainty that the consequences will result.

Question 4

Battery

Answer 4

An intentional causing of a harmful or offensive contact to the P’s person.

1. Intentional Infliction
2. Harmful or Offensive(unpermitted) Contact

RP standard. Direct or Indirect touching.

Question 5

Assault

Answer 5

The intentional Placing of another in reasonable apprehension(knowledge) of immediate harmful or offensive contact.

Mere words are not enough, nor future threats. Focus on knowledge of P.

Question 6

False Imprisonment

Answer 6

An intentional causing of confinement to a bounded area of which the P is aware.

Doesn’t matter how long. Awareness is a required element. Bounded area must restrict movement in all directions with no reasonable means of escape KNOWN by the Plaintiff. Future threats not enough.
Shopkeeper’s Privilege is a defense.

Question 7

Trespass to Land

Answer 7

Intentional physical invasion of P’s real property caused by D.

Can be direct or indirect (ends up on prop.)
Defense When a chattel is located on the land of a wrongdoer, the owner is privileged to enter on the land and reclaim it in a reasonable manner.

Question 8

Trespass to Chattels

Answer 8

Intentional Interference w/the personal property of another.

Interference by be temporary loss of use (disposition) or physical damage (intermeddling). Really only slight interference.

Question 9

IIED

Answer 9

An intentional or reckless act amounting to extreme and outrageous conduct causing the P to suffer severe emotional distress.

Transcends all bounds of decency. If not, it can become so by being continuous, direct to certain groups or committed by a certain type of D. Harm must be severe or extreme to P and a reasonable person. Only Int. Tort that requires actual damages. Mere Insults not enough.

Question 10

Conversion

Answer 10

An intentional interference w/the personal property of another that is so substantial that it warrants liability for the full value of the property.

Mistake not a defense. Interference=substantial or complete deprivation or damage of the chattel. Remedies are FMV at time of conversion, or possession (replevin).

Question 11

Consent (Torts)

Answer 11

If the P consented to the D’s conduct, D isn’t liable. One can’t consent to a criminal act.

Fraud or duress negates consent.Must have capacity to consent. will test if there is valid consent and did D stay within the consent boundaries.

Question 12

Self Defense (Torts)

Answer 12

When a person reasonably believes that she is being or is about to be attacked, they may use such force as is reasonably necessary to protect against injury.

Duty to retreat before using deadly force if it can be done safely.Not available to initial aggressor unless other escalates. Reasonable mistake allowed. May only use force that appears reasonably necessary to prevent the harm.

Question 13

Defense of Others (Torts)

Answer 13

One may use force to defend another when the actor reasonably believes that the other person could have used force to defend himself.

A reasonable mistake is allowed. May use as much force as he could have used in self-defense.

Question 14

Defense of Property (Torts)

Answer 14

One may use reasonable force to prevent the commission of a tort against their real or personal property, but cannot use deadly force to defend property.

A request to leave or desist must be made unless futile or dangerous. Privilege ends when prop is secured. Defense not available against one with a privilege.

Question 15

Recapture of Chattels

Answer 15

Defense available if a timely demand is made, the recovery is only from the wrongdoer, no deadly force, and may enter on land to reclaim at a reasonable time and in a reasonable manner.

Shopkeeper may detain for a reasonable period of time individuals whom they reasonably believe to be in possession of shoplifted goods.

Question 16

Shopkeeper’s Privilege

Answer 16

Shopkeeper may detain for a reasonable period of time individuals whom they reasonably believe to be in possession of shoplifted goods. Generally 15 minutes or so before police must be called.

Question 17

Necessity (Torts) Public and Private

Answer 17

A person may interfere w/the real or personal property of another when it is reasonably necessary to avoid threatened injury from a natural or other force and when the threatened injury is more serious than the invasion that is undertaken to avert it.

Public: When the act is for the public good.
Private: When act is solely to benefit a limited number of people. Here, the actor must pay for any injury he causes.

Question 18

Privilege of Arrest (Torts)

Answer 18

Depending on the facts, the actor may have a privilege to make an arrest of a third person. If privilege exits, the arrester may use the degree of force necessary to make the arrest.

See detail on Mistaken Arrest on Page 4-5 of outline.

Question 19

Discipline

Answer 19

A parent or teacher may use reasonable force in disciplining children.