Intentional Torts To Person Or Property

Question 1

Elements of battery?

Answer 1

1. intent to contact
2. Contact results
3. Contact is harmful or offensive

Question 2

Two forms of transferred intent?

Answer 2

Intent to strike one person but actually strike another, or intent to commit one tort but actually commit another

Question 3

Can children be liable for torts?

Answer 3

Yes, just more difficult to prove (Rule of sevens)

Question 4

Elements of assault?

Answer 4

1. Any act that intends to cause an imminent battery or incites imminent apprehension of a battery
2. Apprehension occurs

Question 5

Elements of false imprisonment?

Answer 5

1. Intent to confine
2. Actual Confinement occurs within boundaries fixed by the actor
3. Victim is conscious of the confinement or harmed by it

Question 6

Elements of intentional infliction of emotional distress?

Answer 6

1. Extreme and outrageous conduct
2. Intent to cause, or disregard of a substantial probability of causing, severe emotional distress
3. A causal connection between the conduct and injury
4. Severe emotional distress results

Question 7

Elements of trespass to land?

Answer 7

1. Intent to enter land (single)
2. Tangible entrance occurs
3. Harm in owners exclusive possession

Question 8

Elements of conversion of chattel?

Answer 8

1. Intent to exercise substantial dominion over an object (single)
2. Actual exercise of dominion occurs

Question 9

Exceptions to serial conversion?

Answer 9

Fraud / trickery: bona fide purchaser not liable, thief is liable
Entrusted goods: bona fide purchaser not liable, merchant is liable

Question 10

Elements of trespass to chattel?

Answer 10

1. Intentional interference with the use and enjoyment of the property or actual harm to the property (dual intent)
2. For a substantial period of time