Intentional Torts Essay Rubric

Question 1

Rule: Battery

Answer 1

Battery is an act with intent to cause either harmful or offensive contact or apprehension of imminent harmful or offensive contact to another person and such contact occurs.

Question 2

Rule: Assault

Answer 2

Assault is an act with intent to cause either harmful or offensive contact or apprehension of imminent harmful or offensive contact to another person and such apprehension of harmful or offensive contact results.

Question 3

Rule: False Imprisonment

Answer 3

False Imprisonment is an act with intent to confine another person within a bounded area fixed by the actor, and causes such confinement of person, and person is conscious or harmed by confinement.

***Remember, they don’t have to be conscious of the confinement if they were harmed.

Question 4

Rule: Trespass to Land

Answer 4

Trespass to Land is an act with intent to invade another person’s land causing themselves, an object, or 3rd person to enter or remain on the land without permission.

Question 5

Rule: Trespass to Chattels

Answer 5

Trespass to Chattels is an act with the intent to cause dispossession of another’s chattel or cause intermeddling with a chattel in possession of another.

Question 6

Rule: Conversion

Answer 6

Conversion is an act with the intent to exercise dominion or control over another person’s chattel, causing such a serious interference that it would be justified in having the D pay for the full value of the chattel.

Question 7

Rule: Intentional Infliction of Emotional Distress (IIED)

Answer 7

IIED is when an actor intentionally or recklessly acts with an extreme and outrageous conduct to cause and in which results in severe emotional distress of another person.

Question 8

Analysis: Act, Intent, and Cause (define)

*these will be your first three rule definitions for every Intentional Tort analysis. IIED, you may work in definition for “recklessly” before “cause”.

Answer 8

An act is a volitional movement. A volitional movement is to use one’s own will. (APPLY FACTS).

Intent can come in three forms, specific, general, or transferred. Specific intent is desire the consequence or have the purpose to cause the result. General is to know with substantial certainty (SC) that such a result will occur. Transferred is to attempt to commit one of the 5 original writs of trespass and accomplish anyone of the other. (APPLY FACTS)

Cause means to act directly or indirectly (actor set something in motion). (APPLY FACTS)

Question 9

BATTERY and ASSAULT

Analysis pt. 2: Define “Contact”, “Harmful”, “Offensive”, “Apprehension”, “Imminent”, and “Apparent”.

Answer 9

Contact means to touch the person, or anything intimately connected with them (t-shirt, purse, etc.) (APPLY FACTS)

Harmful means to cause bodily harm. (APPLY FACTS)

Offensive means to insult one’s dignity judged by an objective standard. (APPLY FACTS)

Apprehension means that they were conscious or aware of the H/O contact. (APPLY FACTS)

Imminent means immediate unless P attempts to avoid H/O contact. (APPLY FACTS)

It only needs to be apparent. Apparent means that the P reasonably believed the D would be able to have H/O contact with them. (APPLY FACTS)

Question 10

BATTERY AND ASSAULT

Defenses

Answer 10

Whether P’s (Battery or Assault) claim has a defense when (APPLY FACTS). The defenses to (B/A) are consent, self-defense, defense of others, defense of property, discipline, and justification.

Consent is the P’s willingness in fact that an act or invasion of an interest will occur (objective standard). Consent can be express or implied. Expressed consent is the P’s willing to submit to the D’s conduct. Implied consent is when the D can infer consent based off the P’s conduct. D’s can infer based on the norms, P’s actions or words. (APPLY FACTS).

Self-defense is when a person has a reasonable response. It is reasonable when the D has a belief in a threat, uses force proportionate to that threat, and the timing is in response to an occurring or imminent threat. (APPLY FACTS)

Defense of others is the same as self-defense. (APPLY FACTS)

Defense of property is allowed but never allowed to use force that cause death or serious bodily injury. Request to desist is necessary unless it is futile. (APPLY FACTS)

Discipline is when a parent, guardian, babysitter, teacher, or bus drivers use force to keep order. (APPLY FACTS)

Justification is when the act was necessary to protect persons or property under the actor’s charge. (APPLY FACTS)

Question 11

BATTERY, ASSAULT, or T/LAND

Damages

Answer 11

Whether the P’s (Battery, Assault, or T/Land) claim allows for recovery for damages when (APPLY FACTS). The damages for (B,A, or T/Land) are actual, nominal, or punitive.

Actual damages are rewards that are intended to return the P back to where they were before the injury. The two types of actual damages include Special damages and General damages. Special damages allows a person to recover the out of pocket expenses they incurred as a result of their injury. (APPLY FACTS). General damages include the repair or replacement of any property damaged by the D, pain and suffering, and emotional distress. (APPLY FACTS).

Nominal are damages that are rewarded due to a damage issued by the court for a legal wrong but no actual damage occurred. (APPLY FACTS).

Punitive are damages in excess b/c the courts want to prevent this act from occurring and usually the D acted with some sort of malice. (APPLY FACTS).

Question 12

FALSE IMPRISONMENT

Analysis Pt. 2: Define “Confinement”, “Bounded Area”, “Conscious”, and “False Arrest”.

Answer 12

Confinement means to prevent P from leaving bounded area with an apparent or physical barrier, physical force, or credible threat of physical force, or duress. Confinement must be complete, and the P must not know of a reasonable or safe way of escape. Moral or social pressure is not enough. (APPLY FACTS)

Bounded area is something big or small that prevents the P’s movement in all directions constructively or physically. (APPLY FACTS)

Conscious means the P is aware of confinement (APPLY FACTS).

False arrest is a type of false imprisonment when the D restricts or restrains the P’s movement based on a legal authority. (APPLY FACTS)

Question 13

FALSE IMPRISONMENT

Defenses

Answer 13

Whether the P’s false imprisonment claim has a defense when (APPLY FACTS). The defenses to false imprisonment are consent, self-defense, defense of others, defense of property, lawful arrest, shopkeeper’s privilege, or justification.

Recite Consent rule, self-defense, defense of others, and defense of property.

Authority of law (Lawful arrest) is when the P is convicted for the crime in which you restricted them for.

Shopkeeper’s privilege is when a store owner reasonably believes that a patron had unlawfully taken goods from the store, then they have the right to detain the person for a reasonable time, with reasonable force for a reasonable investigation. (APPLY FACTS).

Recite justification rule. (APPLY FACTS).

(Remember, this is the same as battery and assault, minus “discipline”, plus Lawful arrest and shopkeeper’s).

Question 14

FALSE IMPRISONMENT

Damages

*hint: its the same exact language for both Battery and Assault.

Answer 14

Whether the P’s false imprisonment claim allows recovery when (APPLY FACTS). The damages for false imprisonment include actual, nominal, or punitive.

Actual damages are rewards that are intended to return the P back to where they were before the injury. The two types of actual damages include Special damages and General damages. Special damage allows a person to recover for the out of pocket expenses they incurred as a result of their injury. (APPLY FACTS). General damages include the repair or replacement of any property damaged by the D, pain and suffering, and emotional distress. (APPLY FACTS).

Nominal are damages that are rewarded due to a damage issued by the court for a legal wrong but no actual damage occurred. (APPLY FACTS).

Punitive are damages in excess b/c the courts want to prevent this act from occurring and usually the D acted with some sort of malice. (APPLY FACTS).

Question 15

TRESPASS TO LAND

Analysis: Pt. 2. Define “Invasion”, “Land”, and “Intrusions”

Answer 15

Invasion means coming on or remaining on the land or causing object or 3rd person to come on or remain on the land.

Land means the property or airspace above it. (APPLY FACTS).

Intangible Intrusions do not count (smoke, odor, noise, light, etc.). Reckless or negligent intrusions require proof of actual harm.

Question 16

TRESPASS TO LAND

Defenses

Answer 16

Whether the P’s T/Land claim has a defense when (APPLY FACTS). The defense for T/Land include consent of person in lawful possession of land or necessity.

Define or reference Consent rule. (APPLY FACTS).

Necessity can come in two forms, public necessity and private necessity. Public necessity is when it is publicly necessary or appears to be publicly necessary for the purpose of averting an imminent public disaster. It is an absolute defense. (APPLY FACTS). Private necessity is when an actor commits a deliberate act that was reasonable under the circumstances and necessary to protect his person, property, or that of a third person. It negates the trespass, but they are still liable for damages. (APPLY FACTS).

Question 17

TRESPASS TO LAND

Damages

Answer 17

Actual, nominal, or punitive.

Define the three and apply facts after each damage.

Question 18

TRESPASS TO CHATTELS

Analysis Pt. 2: Define “Chattel”, “Dispossession”, and “Intermeddling”

Answer 18

Chattel means tangible personal property. (APPLY FACTS)

Dispossession means to take the chattel without consent, through fraud or duress, barring the possessor’s access, destroying the chattel, or bring the chattel into custody of the law. (APPLY FACTS)

Intermeddling means impairment to quality, condition, or value or cause bodily harm to possessor of chattel. (APPLY FACTS).

Question 19

TRESPASS TO CHATTELS

Defenses

Answer 19

Whether the P’s T/Chattel’s claim has a defense when (APPLY FACTS). The defenses to T/Chattels include consent, necessity, and recovery of chattel.

Define Consent rule and necessity rule, applying facts after each rule.

Recovery of chattel is a privilege to recapture chattel by force when chattel has been tortuously taken or about to or actor refuses to surrender chattel. P must be entitled to chattel; P must make demand for chattel back first. It must be in hot pursuit. The person with the chattel is the one at fault. Amount of force is proportionate, and the force used is not intended to likely to cause death or serious bodily injury.

Question 20

TRESPASS TO CHATTELS

Damages

**hint: its the same for B, A, or T/Land, but just slightly different.

Answer 20

Whether the P’s T/Chattels claim allows recovery when (APPLY FACTS). The damages for T/Chattels include actual (required), nominal (not in intermeddling cases), or punitive.

Define or reference actual, nominal, and punitive, applying facts after each.

Question 21

CONVERSION

Analysis Pt. 2: Define “Dominion or Control”, “Chattel” (possibly just reference), & “Interference”

Answer 21

Dominion or control means to have the ownership through the power of disposition and the right to claiming it. (APPLY FACTS).

Chattel rule (define or reference). (APPLY FACTS).

Interference means the extent and duration the D exercised dominion or control, D’s intent to assert a right which is inconsistent with P’s right of control, D’s good faith, harm done to the chattel, and inconvenience and expense caused to P. (APPLY FACTS).

Question 22

CONVERSION

Defenses

Answer 22

Whether the P’s conversion claim has a defense when (APPLY FACTS). The defenses for conversion include consent and necessity.

Reference consent and necessity if said earlier, or define. Apply facts after each.

Question 23

CONVERSION

Damages

Answer 23

Whether the P’s conversion claim allows recovery when (APPLY FACTS).

The damages for conversion are the full value of the chattel plus interest.

Question 24

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Analysis Pt. 2: Define “Reckless”, (reference cause rule), “Extreme & Outrageous”, “Emotional Distress”, “Severe”, and discuss SoC for certain persons.

Answer 24

Reckless means a disregard for a high probability of a result. (APPLY FACTS).

Cause rule (see above). (APPLY FACTS).

Extreme and outrageous means it transcends all bounds of decency (APPLY FACTS).

Emotional distress means mental suffering, nausea, anguish. (APPLY FACTS). Severe means no reasonable person is expected to endure it. (APPLY FACTS).

Common carriers and utilities have a higher standard of care.

Old people, pregnant people, and children have a lower threshold to establish emotional distress.

Bystander may not claim IIED unless directly targeted, may recover if D is aware of their presence, conducted was directed at member of their immediate family, or bystander suffers other bodily harm as a result. (APPLY FACTS).

Eggshell rule (take the P how they home) does not apply to IIED. D must be responsible for how a reasonable person would react.

Question 25

IIED

Defenses

Answer 25

Whether the P’s IIED claim has a defense when (APPLY FACTS). The defense for IIED include consent, self-defense, defense of others, defense of property, D’s lack of knowledge to P’s unusual susceptibility.

Defense rules (see above). (APPLY FACTS).

Question 26

IIED

Damages

Answer 26

Whether the P’s claim allows recovery when (APPLY FACTS).

The damages for IIED include actual (SEVERE AND ED REQUIRED), and punitive damages (see above). (APPLY FACTS).