Intentional Torts Terms

Question 1

Tort

Answer 1

A collection of named and relatively well-defined legal wrongs that allow victims to take action against the wrong doer or tortfeasor.

1. Legally recognized
2. Wrongful injuring of another
3. That generates in the other a right of action against wrongdoer

Question 2

Tort Law

Answer 2

The rules and principles that define wrongful conduct delineate the circumstances where a victim can obtain redress and designate the form that such redress may take features:

• Part of common law
• “We let the loss lie where it falls” (Holmes) Tort law let us shift a loss from the victim -> wrong doer
• Two goals:
  1. Compensate victims for harms—corrective justice or civil recourse
  2. Guide private conduct to promote safety and protection of human dignity—deterrence

Question 3

Intentional Torts

Answer 3

Emphasize the difference between torts and tort of negligence. Intentional cannot be committed entirely by accident
(Battery, assault, false imprisonment, intentional infliction of emotional distress)

Question 4

Battery

Answer 4

The infliction of a harmful or offensive contact by an actor upon another with the intent to cause such bodily contact Requires physical contact.

Question 5

Assault

Answer 5

Intentionally causing another reasonably to apprehend imminent, harmful or offensive contact. doesn’t require physical contact

Question 6

False Imprisonment

Answer 6

Intentionally confining another against her will

Question 7

Intentional Infliction of Emotional Distress (IIED)

Answer 7

Intentionally or recklessly, causing another to suffer severe emotional distress throughout outrageous conduct

Question 8

Battery—Prima Facie Case

Answer 8

1. A acts
2. Intending to cause contact with P
3. The contact with P that A intends is of a harmful or offensive type; and
4. A’s act causes P to suffer a contact that is harmful or offensive

Question 9

Offensive Touching (Rest 3rd, 3)

Answer 9

1. Offends a reasonable sense of personal dignity or;
2. The actor knows the contact is highly offensive to another person’s reasonable standard of personal dignity and makes contact with them with the purpose to offend.

Question 10

Assault: Prima Facie Case

Answer 10

1. A acts;
2. Intending to cause in P apprehension of imminent harmful or offensive contact; and
3. A’s act causes P reasonably to apprehend such contact

Question 11

Doctrine of Transferred Intent

Answer 11

One who intends a battery is liable for that battery even when he is unexpectedly harms an unintended victim

Question 12

Affirmative Defenses

Answer 12

If established defeat tort liability. Standard tort defenses tend to be justifications, not excuses.

Justifications: entitled to engage in conduct regardless of wrongfulness (ex: self defense)

Excuses: something about D’s conduct or circumstances entitles her to an exemption from the rules of right conduct (ex: diminished mental capacity)

Question 13

Standard Affirmative Defenses to Intentional Torts

Answer 13

• Consent
• Self-Defense & Defense of Others
• Defense & Recapture of Property
• P’s fault is not a defense

Question 14

Consent

Answer 14

It’s based on P’s conduct D actually and reasonably believed P consented to the contact there cannot be liability.

Expressed: Written or spoken statement
Implied: Acts, circumstances (ex: O’Brien immigrant vaccinated on board a ship, D reasonably believed P consented)

Question 15

Florida ‘Stand Your Ground’ Statute

Answer 15

Eliminated the duty to retreat by granting D an irrebuttable presumption that she acted on the basis of a reasonable apprehension of imminent death or serious bodily harm if someone:

1. Occupied the house or vehicle
   - Castle Doctrine: victim may use deadly force in his dwelling, but only if he has attacked him without the option of safe retreat
2. Any other place one has a right to be
   - No duty to retreat, even if easy & safe

Question 16

Recapture of Personal Property

Answer 16

-Transitory occupation (momentary) = owner may use reasonable force to remove
- Peaceful, non-transitory unlawful occupation = owner cannot retrieve property through force without risking criminal or civil penalty (ex: tenant w/ expired lease)

Question 17

False Imprisonment—Prima Facie Case

Answer 17

A is subject to liability to other person, P, for false and prisonment, if

1. A acts;
2. Intending to confine P;
3. A’s act causes P to be confined; and
4. [P is aware of her confinement]

Some jurisdictions add…
5. P did not consent to be confined; and
6. A was not legally authorized to confine P

Question 18

Eggshell Skull Rule

Answer 18

D is liable to compensate P to make her whole which can extend beyond physical damages and the measurement is flexible

Question 19

Type I and II of False Imprisonment Cases

Answer 19

I: D confines P under a claim of authority (ex: police arrest)

II: D confines P without pretense of authority (ex: friend locks friend in closet)

Question 20

Shopkeeper’s Privilage

Answer 20

A person who reasonably believes another person has stolen or is attempting to steal property is privileged to detain that person in a reasonable manner and for a reasonable time to investigate ownership of the property. 3 elements:
- reasonable belief that a person is stolen or attempting to steal;
- Detention for a reasonable time;
- Detention in a reasonable manner