Midterm - Intentional Torts and Affirmative Defenses

Question 1

Battery

Answer 1

Act
Intent (purposeful or substantial certainty)
Contact (direct or indirect)
On another person
Harm or offense

Question 2

Single Intent

Answer 2

Intent to contact

Question 3

Dual Intent

Answer 3

Intent to contact
Intent to cause harm

Question 4

Offense

Answer 4

Cannot be unduly burdensome or violate public policy

Question 5

Intent

Answer 5

Purposeful or substantially certain that harm will be produced

Question 6

Rule of 7s

Answer 6

Under 7: cannot form intent
7-14: burden in on the plaintiff to prove intent
14-18: burden is on the defendant to prove no intent

Question 7

Parents can be responsible when?

Answer 7

Tort is willful or wantonly
Damages are limited

Question 8

Transferred Intent

Answer 8

Contact does not need to be intended for you
Can transfer between torts

Question 9

Assault

Answer 9

Intent
Immenant Act
Apprehension of harm or offense

Question 10

False Imprisonment

Answer 10

Intent
Fixed Boundry
Conscientious to confinement or harmed by it

Question 11

Trespass

Answer 11

Entering someone’s property
Intent
Harmful or offensive

Question 12

Conversion

Answer 12

Depriving someone of property
Intent
Harm or offense

Question 13

Factors to consider in conversions

Answer 13

Extent and duration
Defendant’s intent
Defendant’s good faith
The harm done
Expense or inconvenience

Question 14

Trespass to chattels

Answer 14

Interfere with someone’s property
Have to have a trespass to chattels to have a conversion

Question 15

Intentional Infliction of Emotional Distress

Answer 15

Extreme and outrageous
Intent or recklessness
Causal connection between conduct and injury
Severe emotional distress

Question 16

Markers of outrage

Answer 16

Repeated over time
Abuse of power by someone with authority
Directed at a person known to be vulnerable

Question 17

Terrorism

Answer 17

Do not have to be present
Only close family can recover

Question 18

Sexual abuse of children

Answer 18

Sensory
Contemporary

Question 19

Section 1983 violations

Answer 19

Federal right violated by state officials
14th amendment - shock the conciseness of the court
4th amendment - unreasonable seizure
8th amendment - cruel or malicious

Question 20

Self defense

Answer 20

Reasonable belief
Reasonable force
Can defend 3rd party if you reasonable believe a tort is being committed

Question 21

Defense of property

Answer 21

Hot pursuit: only allowed to try and recover property immediately after it is taken

Question 22

Arrest and detention

Answer 22

Shopkeepers privilege
Force is reasonable
Shopkeeper’s actions were proper (calling law enforcement)
Reasonable manner and reasonable amount of time

Question 23

Discipline of children

Answer 23

Force is reasonable
Force is related to safeguarding or promoting the welfare of the child
No substantial risk of physical harm, gross degradation, or severe mental distress

Question 24

Consent

Answer 24

Willingness
Understand the consequences
Can be revoked at anytime by words or actions

Question 25

Eliminates consent

Answer 25

Power relationship
Incapacity
Fraudulent consent

Question 26

Public necessity

Answer 26

Reasonable

Question 27

Private necessity

Answer 27

Responsible for damages you cause