Tort Law : Intentional Torts

Question 1

Intent

Answer 1

a volitional act performed with knowledge that there is substantial certainty that the act will occur (this is a willful volitional act)

Question 2

False Imprisonment

Answer 2

1. the intentional restraint of another
2. through force or fear
3. that confines a person to a bounded area
4. without consent or legal privilege
   Damages are not required

Question 3

Battery

Answer 3

intentionally harmful or offensive touching without their consent or legal privilege
Damages are not required

Question 4

Assault

Answer 4

Intentional act which places another at reasonable apprehension of an immediate impending battery without consent.

future acts are not enough.
Words are not enough.
Mere preparation is not enough

Question 5

Intentional infliction of emotional distress

Answer 5

one who, without a privileges to intentionally reckless cause extreme and outrageous conduct resulting in severe emotional distress to another is liable for such emotional distress and for bodily harm resulting from it

1. The conduct must be intentional or reckless
2. the conduct has to be extreme or outrageous
3. there must be a cause connection between the wrongful conduct and the emotional distress
4. the emotional distress must be severe.

Question 6

Trespass to Chattels

Answer 6

1. intentionally damage to or interference with
2. personal property of another
3. in the possession of another
4. without consent or legal privilege.

Question 7

Conversion

Answer 7

The intentional exercise of dominion and control over the property in the possession of another so as to require its forced

“forced sale”

Question 8

Trespass to land

Answer 8

the intentional entry upon the property in possession of another without consent or legal privilege.

Question 9

Defense: Consent

Answer 9

1. implied consent: you can reasonably infer consent based on the action
2. expressed consent: clearly communicated
3. assumed consent: the person consented once so you assumed they would consent again.

Question 10

Defense: Justification

Answer 10

Defendants action may be justified if the action taken was reasonably done to protect others from personal injury or to protect property.

Question 11

Defense: Defense of Property

Answer 11

You can use reasonable force to defend his real or personal property. Deadly force can not be used unless a person is in danger.

Question 12

Defense: Defense of Self

Answer 12

You can use reasonable force to protect yourself

1. reasonable force if you feel like you are in harm or going to be killed
2. Reasonably belief the force you are using is adequate
3. the use of no more force than what’s necessary to prevent the harm

Question 13

Defense of others

Answer 13

One who intervenes to helps a stranger stands in the shoes of that stranger and if the person aided is the one at fault then the intervener is not justified in his force and is liable for his actions.

Question 14

Defense: Recovery of Property

Answer 14

a party can use reasonable force to recover chattels immediately after taken

Question 15

Defense: Necessity

Answer 15

Private necessity: damaging the property of another so that no harm comes to the property of oneself. You have to pay for damages
Public necessity: damaging someone’s property to protect the community. You do not have to pay for damages.

Question 16

False Imprisonment: Shopkeeper’s privilege

Answer 16

1. reasonable suspicion
2. retain reasonable period of time
3. in order to conduct a reasonable investigation.

Question 17

Defense: Authority of Law

Answer 17

police officer executing a search warrant or taking you into custody because you committed a crime