Intentional Torts - Defenses

Question 1

To which torts does the defense of necessity apply?

Answer 1

property torts only

so, trespass to land, trespass to chattels, and conversion

Question 2

Do eggshell plaintiff / hypersensitive plaintiff theories apply with regard to intentional torts?

Answer 2

no

EXCEPTION: intentional infliction of emo distress, assault, and battery (if defendant knows of the hyper-sensitivity and uses it in as part of his tortious conduct toward plaintiff)

Question 3

Can a child under 5 commit an intentional tort?

Answer 3

yes

Question 4

To which torts does the does transferred intent apply?

Answer 4

FATT-B

False Imprisonment
Assault
Trespass to land
Trespass to chattel
Battery