Intentional Torts - Claims

Question 1

There are no _______ defenses to intentional torts.

Answer 1

Incapacity.

Question 2

In tort law, hypersensitivities and eccentricities should be

Answer 2

Ignored.

Question 3

The 7 Main Tort Claims Are:

Answer 3

1) Battery; 2) Assault; 3) False Imprisonment; 4) Intentional Infliction of Emotional Distress; 5) Trespass of Land; 6) Trespass of Chattels; 7) Conversion

Question 4

The elements of a Battery claim are:

Answer 4

1) Defendant must commit harmful OR offensive(unpermitted) contact;
2) The contact must be with the plaintiff’s person.

Question 5

The elements of an Assault claim are:

Answer 5

1) The Defendant must place plaintiff in reasonable apprehension(knowledge) AND;
2) The apprehension must relate to an immediate battery.

Question 6

Words alone are not enough to establish

Answer 6

a claim of Assault.

Question 7

The elements of a False Imprisonment claim are:

Answer 7

1) Defendant must commit an act of restraint and;

2) Plaintiff must be confined in a bounded area.

Question 8

An area is not bounded if there is a REASONABLE means of escape, reasonably discoverable. This would not include

Answer 8

means of escape that are dangerous, disgusting, humiliating, or hidden.

Question 9

What is the time limit for an act of restraint?

Answer 9

There is no time limit. 30 seconds is enough to establish a claim, though it will greatly affect damage rewards.

Question 10

Can an omission be an act of restraint?

Answer 10

Yes, if the defendant owed the plaintiff a duty a pre-existing duty, the ignorance of which resulted in the plaintiff’s restraint.

Question 11

The elements of a claim for Intentional Infliction of Emotional Distress are:

Answer 11

1) Defendant must engage in outrageous conduct;

2) The plaintiff must suffer severe distress.

Question 12

Conduct is considered outrageous if

Answer 12

“it exceeds all bounds of decency tolerated in a civilized society.”

Question 13

Factors that may exaggerate behavior to a level of outrageousness are:

Answer 13

1) Continuous/Repetitive Conduct;
2) If plaintiff is a member of a fragile class (children, elderly, pregnant women);
3) If defendant is aware of, and attacks, a known weakness of the plaintiff (button-pushing)
4) Defendant is a hotel/common carrier.

Question 14

How may a plaintiff demonstrate severe distress?

Answer 14

Any way they like, even if they simply testify “I am/was severely distressed.”

Question 15

The elements of a claim for trespass of land are:

Answer 15

1) Defendant must commit an act of physical invasion;

2) Of land

Question 16

Must the defendant be aware that they are on another’s property?

Answer 16

No! Good faith/honest mistakes will still give rise to liability for trespass.

Question 17

The claim for Trespass to Chattel/Conversion requires:

Answer 17

The defendant intentionally interfered with the personal property of another.

Question 18

The distinction between Trespass to Chattel and Conversion is

Answer 18

the degree of interference and the remedy. If the interference is minor, Trespass to Chattel will apply and the defendant will be liable for repair. If interference is major/total, the remedy is replacement, not repair, under Conversion liability.

Question 19

Conversion is also known as

Answer 19

a “forced sale.” You broke it - on purpose - you bought it.