Intentional Torts (Modules 1-4)

Question 1

Elements to Prove an Intentional Tort

Answer 1

1) Act by D
- volitional movement

2) Intent by D
- meant to commit unlawful act or knew with substantial certainty consequences of their conduct
- incapacity is not a defense

3) Causation
- substantial factor in the injury

Question 2

Transferred Intent and Limitations (Intentional Torts)

Answer 2

Intent to commit a certain tort against one person is transferred to the tort actually committed/the person actually injured

Can only be invoked if the tort intended & the resulting tort are one of the following:
- Assault
- Battery
- False Imprisonment
- Trespass to Land
- Trespass to Chattels

Question 3

Battery (Intentional Tort)

Answer 3

In addition to volitional act and intent by D:

1) Harmful (actual injury) or offensive contact (offensive to rxble person)
- contact can be direct or indirect, like actually hitting them or setting a trap

2) to P’s person
- includes anything connected to the P (purse or clothing)

Damages
- nominal even if no actual damage, punitive if malicious

Question 4

Assault (Intentional Tort)

Answer 4

In addition to volitional act and intent by D:

1) rxble apprehension
- does NOT require fear, just knowledge of the threat (weakling can assault a bully)
- just need apparent ability to commit battery (unloaded gun counts)

2) of immediate battery
- words alone not good enough, also need with overt conduct
- conditional or future wording can negate immediacy

Damages
- nominal even if no actual damage, punitive if malicious

Question 5

False Imprisonment

Answer 5

In addition to volitional act and intent by D:

1) act/omission that confines or restrains
- P must be aware of the confinement or harmed
- physical barriers/force against P, threats of force, failure to release when legal duty to do so, invalid use of authority all count as restraint

2) P was confined to the bounded area
- had no rxble means of escape
- doesn’t matter how long the confinement was

Damages
- nominal even if no actual damage, punitive if malicious

Question 6

Intentional Infliction of Emotional Distress

Answer 6

1) extreme/outrageous conduct
- “exceeds all bounds of decency tolerated in civilized society”
- “hallmarks” of outrageousness: repetitive conduct (badgering, persisent); P is fragile and D is aware of that (e.g., children, elderly, pregnant)
- common carriers/inkeepers bar is lower, gross insults can count

2) P actually suffered severe emotional distress
- need some type of evidence to support

3) intent of D can be recklessness or actual

Damages
- actual damages required
- the more outrageous the conduct less proof of damages is required

Question 7

Bystander Recovery for IIED

Answer 7

P can recover by showing either the prima facie elements or can show:
1) they were present when the injury occurred,
2) the distress resulted in bodily harm to P OR the target of the conduct is their close relative and
3) D actually knew of these facts

Question 8

Trespass to Land (Intentional Property Tort)

Answer 8

1) physical invasion
- either D’s person or an object
- must be an intentional act (D tripping onto the land doesnt’ count)
- BUT do not have to be aware you’re on someone else’s land, just the intent to have gone on that land (ex. hiker takes wrong turn on a trail)

2) of P’s real property
- land includes the air above/soil below, out to a rxble distance (airplane no, but throwing football from your yard into the street over their land counts)

Damages
- none required

Question 9

Trespass to Chattels v. Conversion (Intentional Property Tort)

Answer 9

Trespass to Chattels
- intentional interference with P’s personal property that damages the property
- actual damages needed

Conversion
- intentional interference with P’s personal property that warrants D pay full value
- includes theft, wrongful transfer, and substantially changing/severely damaging chattel
- can recover damages or replevin

Question 10

D’s Defenses to Intentional Tort

Answer 10

1) consent
2) protective privilege
3) necessity

Question 11

Consent (Defense to Intentional Torts)

Answer 11

P needs legal capacity to consent
- limited capacity may be ok

Can be express consent
- oral or written, but fraud/duress negates consent

Can be implied consent
- social custom/usage (voluntarily playing football is consent to be tackled)
- body language (introduces self and extends hand, can interp from circumstances they want you to shake)

Cannot exceed the scope of consent
- consent to knee surgery but doctor then gives nose job also

Is a defense to all intentional torts

Question 12

Protective Privileges (Defense to Intentional Torts)

Answer 12

1) self-defense
2) defense of others
3) defense of property

Applies to all of them:
- perceived threat coming from the P
- no duty to retreat in self-defense
- threat must be in progress/imminent
- rxble belief the threat is genuine
- can only use rxble proportional force (never use deadly force for property)

Question 13

Shoplifting Detentions (Intentional Tort)

Answer 13

1) must be rxble belief of theft
2) detention must be conducted in rxble manner (no deadly force obvs)
3) detention must be only for a rxble period of time and only for purpose of making an investigation

Question 14

Necessity (Defense to Intetional Torts)

Answer 14

Is a defense to property torts only

1) Public Necessity
- D acted in emergency to avert an “imminent public disaster”
- is an absolute defense

2) Private Necessity
- D acted in emergency to protect own interests/limited number of people
- D has to pay compensatory damages for any injury (unless the act was to benefit the property owner)
- Can remain as long as the emergency continues (ex. shelter in someone’s shed during storm)