INTENTIONAL TORTS: BATTERY, ASSAULT, FI, IIED, TRESPASS, CONSENT, CONVERSION, FALSE ARRESTS

Question 1

Battery

Answer 1

P must show:

1) A harmful or offensive contact;
2) to P’s person;
3) D’s intent; and
4) Causation.

Question 2

Assault

Answer 2

P must show:

1) An act by the D which causes reasonable apprehension in P;
2) of immediate harmful or offensive contact to P’s person;
3) D’s intent; and
4) Causation.

Question 3

False Imprisonment

Answer 3

P must show:
1) An act or omission by D that confines or restrains P;
2) to a bounded area;
3) D’s intent; and
4) Causation.
NOTE: P must be aware of or harmed by confinement.

Question 4

Intentional Infliction of Emotional Distress

Answer 4

P must show:

1) Extreme and outrageous conduct by D;
2) Intent or recklessness;
3) Causation; and
4) Damages in the form of severe emotional distress.

Question 5

Bystander Intentional Infliction of Emotional Distress

Answer 5

P must show:

1) P present when injury occurred;
2) P is a close relative to V; and
3) D knew P was present and a close relative.

Question 6

Trespass to land

Answer 6

P must show:
1) A physical invasion of P’s real property; 2) Intent; and
3) Causation.
NOTE: Negligent or reckless entries are only subject to liability if D causes harm to land.

Question 7

Trespass to chattel

Answer 7

P must show:

1) An act by D that interferes with P’s right of possession in chattel;
2) Intent;
3) Causation; and 4) Damages.

Question 8

Conversion

Answer 8

P must show:
1) An act by D that interferes with P’s right of possession of chattel,
2) which is so serious that D must pay for chattel’s
full value; 3) Intent; and 4) Causation.
NOTE: even a BFP of chattel may be guilty when chattel has been stolen from its true owner.

Question 9

Consent

Answer 9

Requires legal capacity.
Can be Express or Implied.
Implied Consent: Apparent - common understanding, custom and usage or D’s reasonable interpretation of P’s objective conduct; Implied by law where necessary to save life.

Question 10

Self Defense and Defense of Others

Answer 10

• Only if invasion is imminent or in progress.
  (reasonable mistake does not negate)
• May only use proportionate force.

Question 11

False Arrests:

Felony Arrest w/o Warrant

Answer 11

Police → only if reasonable grounds to believe felony was committed and person arrested committed it.
Private → only if felony was actually committed and private person had reasonable grounds to believe person committed it.

Question 12

False Arrests:

Misdemeanor Arrest w/o Warrant

Answer 12

Police and Private → only if breach of the peace and committed in presence of arrester.

Question 13

False Arrests:

Crime Prevention w/o Warrant

Answer 13

Police and Private → if felony or breach of the peace is in progress, or reasonably appears to be.

Deadly force only allowable if felony and suspect poses serious harm.