Intentional Torts for the Bar

Question 1

Intentional Torts

Answer 1

Battery
Assault
False Imprisonment
Intentional Infliction of Emotional Distress
Trespass to Land
Trespass to Chattels
Conversion

Question 2

Battery elements and considerations

Answer 2

(1) Act
(2) Intent - to cause contact that is H/O
(3) Causation of H/O contact.

• Hypersensitivity not a factor
• P need not be aware
• Contact may be direct or indirect
• Damages not required

Question 3

Assault elements and considerations

Answer 3

(1) Act
(2) Intent to cause apprehension of an immediate battery
(3) Causes reasonable apprehension.

• Apprehension = awareness not fear
• ability to batter is irrelevant
• Must have words + conduct - words alone not enough and can negate conduct
• damages not required

Question 4

False Imprisonment elements

Answer 4

(1) Act or omission that confines or restrains to bounded area
(2) Intent to confine
(3) Causes confinement

Question 5

False Imprisonment - confinement

Answer 5

Suffient Methods (1) physical barriers, (2) physical force (self, family, property), (3) Direct threat of force, (4) indirect threat of force, (5) Failure to provide means of escape, (6) Invalid use of legal authority    
*Note:  No need to resist, Time of confinement is immaterial, must be aware or injured, must be confined, not inconvenienced, no damage requirement

Question 6

IIED Elements

Answer 6

(1) and act that is extreme and outrageous
(2) intent to cuase severe emotional distress
(3) Causation
(4) Damages - severe emotional distress

Question 7

IIED -Extreme or outrageous conduct

Answer 7

Outrageous conduct is conduct that transcends all bounds of decency tolerated by society. Examples:
1. Extreme business conduct (collection), 2. misuse of authority, 2 offensive language does NOT qualify unless special relationship and P has sensitivities of which D is aware
NOTE normally non-outrageous conduct can be outrageous, i.e. continous, very old or young.

Question 8

IED Special relationship situations

Answer 8

1. Common carrier and Innkeeper - special duty to THEIR patrons
2. Known sensitivity - if D knows P is particularly sensitive or directed to the very young or old.

Question 9

Self-defense

Answer 9

1) Reasonable belief of an imminent battery
2) Uses force that is reasonably necessary to defend against the pending injury.

Note: Retaliation not allowed, retreat not necessary, not available to aggressor, if bystander accidently injured defense extends.

Question 10

IIED Bystander Rule

Answer 10

When P causes physical harm to third person P has a relationship with and this results in IIED to plaintiff, P must show (1) P was present when injury occurred to 3rd person, (2) P was close relative and (3) D knew P was present and relative
**Note, if P can show D had design or purpose to cause him IIED, he need not show relationship or presence.

Question 11

IIED special category

Answer 11

Mishandling corpse

Question 12

Trespass to land considerations

Answer 12

D need not go onto land, some physical object is ok.

Covers reasonable distance up and down from surface.

Question 13

Trespass to Chattels considerations

Answer 13

Two types of damage: physical or dispossession

Some damage is trespass (total damage is conversion)

Question 14

Conversion Considerations

Answer 14

Two types of damage - physical or dispossession

Question 15

Defenses to Intentional Torts (C - SDD - RR - PND)

Answer 15

(1) Consent, (2) Self-Defense, (3) Defense of others, (4) Defense of property, (5) Reentry onto land, (6) Recapture of chattels, (7) Privilege of arrest, (8) Necessity, (9) Discipline

Question 16

Defense of Consent

Answer 16

Three step analysis: (1) Capacity required, (2) Express (words) or implied (custom and usage and/or P conduct), and (3) Did D stay w/in bounds. **If express look for MFC (Mistake - ok unless D knows) (Fraud - not a defense if essential vs. a collateral matter) (Coercion - not valid if present durress, future does not count) - remember cannot consent to a criminal act. - also remember, consent can be implied by emergency

Question 17

Defense of Others

Answer 17

Can use when (1) reasonable belief other party would have self-defense available as a defense and (2) may use same amount of force as you would in self-defense situation.

Question 18

Defense of property

Answer 18

Can use to: (1) prevent commission of tort against own property (2) request to desist usually required (3) Mistake is ok if it relates to whether intrusion has occurred or whether request to desist was required (4) Mistake is NOT ok if force used against someone with privilege (unless they didn’t tell you about the privilege) (5) reasonable force does NOT include bodily harm.

Question 19

Recapture of Chattels

Answer 19

Can use (1) when in hot pursuit to recapture from theft - timely demand required and can only recover from the wrongdoer (2) reasonable force does not include bodily harm.

Question 20

Reentry to Land to recapture chattel

Answer 20

Can use (1) when chattel on wrondoer’s land and reclaiming w/in a reasonable time and matter (2) same for innocent party who has chattel on his land (3) cannot reenter if chattel is on wrongdoers land due to owner’s fault.

Question 21

Privilege of Arrest

Answer 21

Can use (1) Invasion of land is ok if privilage exists - felony ok, misdemeanor only for breach of peace committed in presence - to prevent crime ok for police and private citizen (2) may be liable for subsequent wrong conduct (3) may be liable for mistake (4) force must be reasonable, can only use deadly force for felony and only if responding to like force.

Question 22

Shopkeeper’s privilege

Answer 22

Under the shopkeeper’s privilege, a merchant may detain people for investigation for a reasonable time in a reasonable manner if he reasonably beleives a theft has been committed.

Question 23

Necessity - Private

Answer 23

Under private necessity, a person may interfere with the property of another where such is necessary to avoid a greater personal harm.
Note, liable for actual damages, but not a tortfeaser.

Question 24

Necessity - Public

Answer 24

This is an absolute privilege, no liability for damages. Act must be for public good.

Question 25

Discipline

Answer 25

A parent or teacher may use reasonable force in disciplining children - consider age and sex of the child and seriousness of offense.

Question 26

Intent required for intentional tort

Answer 26

D has the purpose or desire to cause consequences of the act or knows with substantial certainty that the result would occur from the act.
Note: Motive not relevant, minors and incompetent can have intent, actor need not intend injury

Question 27

Transferred Intent

Answer 27

Can transfer from person to person and from tort to tort - applies to B A F T T