PI Intentional Torts

Question 1

A D acts intentionally if he

Answer 1

1) Acts with the purpose of causing the consequences of his act; or

2) Knows that the consequence is substantially certain to result

Question 2

Transfereed Intent

Answer 2

Extends when D intends to commit a battery, assault, false imprisonment - Does not not generally apply to IEED

Question 3

Battery

Answer 3

Intentionally causing Harmful or offensive contract to another person or anything connected to that person

Offensive contract is when a person of ordinary sensibilities would find the contract offensive (objective test)

Consent is a defense to battery

Question 4

Assault

Answer 4

1) The D intends to cause P to anticipate an imminent and harmful or offensive contract with P; and

2) D’s affirmative conduct causes P to anticipate such contact with P’s person

Question 5

IIED

Answer 5

IF D by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to P

Question 6

IIED with family member

Answer 6

A D who causes IEED may be liable when it also causes the severe emotional distress to a close family member who contemporaneously perceive the D’s conduct

Question 7

IEED with third party

Answer 7

If D’s purpose in harming an individual is to cause severe emotional distress to a third party, third party does not need to have perceived the conduct

Question 8

IIED in VA

Answer 8

In Virginia - IEED must be provided by clear and convincing evidence as opposed to the normal preponderance of the evidence standards

Question 9

False imprisonment

Answer 9

Intentionally placing P in confined area, with no means of escape and P is aware of the confinement

MBE = the defendant has to confine within a bounded area that limits the plaintiff’s movement in all directions

Question 10

Shop keeper privilege

Answer 10

Shopkeeper privilege, they can detain you if they have reasonable suspicion of shoplifting they can detain you for a reasonable amount of time

Question 11

False imprisonment in VA

Answer 11

In Virginia, Defines false imprisonment as an illegal restraint on the P’s freedom
This does not require the D actually imprison the P
Once the P makes out a prima facie case of false imprisonment, the burden shifts to the D to show that the restraint was legal or justified