Tort types and defenses etc.

Question 1

What are the components of Assault?

Answer 1

1. Volitional Act by Defendant
2. Intended to Create in Plaintiff
3. An apprehension of imminent harmful or offensive act
4. Resulting in the plaintiff having apprehension of imminent harmful or offensive contact

Question 2

What is difference between assault and battery?

Answer 2

you can have battery without apprehension (e.g. plaintiff wasn’t looking at person swinging bat at them…)

Question 3

Can you have assault without battery?

Answer 3

yes, contact does not have to happen, it just has to be expected

Question 4

Can you have assault and battery?

Answer 4

yes, when there is both apprehension and contact

Question 5

What is transferred intent doctrine?

Answer 5

object to person, means that an object on someone’s person being ‘attacked’ is the same as hitting them.

Question 6

What are the components of false imprisonment?

Answer 6

1. volitional act
2. Intend to confine plaintiff
3. of the personal property
4. of another

Question 7

WHat are the components of trespass to chattel?

Answer 7

1. intentional Interference
2. w/ the ‘use and enjoyment’
3. of the personal property
4. of another

Question 8

What are the components of conversion?

Answer 8

1. Intentional
2. Trespassing taking and carrying away
3. the personal property
4. of another
5. with the intent to deprive them permanently thereof

Question 9

WHat are the components of trespass to land?

Answer 9

1. entering onto
2. the land
3. of another

Question 10

WHat does IIED stand for?

Answer 10

Intentional Infliction of Emotional Distress

Question 11

WHat are the components of IIED?

Answer 11

1. Defendant had to act in a way that is extreme and outrageous
2. Defendants conduct must have caused
3. severe emotional distress to plaintiff

Question 12

WHat are the affirmative defenses available to torts?

Answer 12

Expressed Consent
Implied Consent
Defense of self
Defense of others
License/Waiver
Shopkeeper’s Privilege
Private Necessity
Public Necessity
Recapture of Chatells
1st Ammendment (IIED)

Question 13

What are the available remedies?

Answer 13

compensatory damages
punitive damages
forced sale
nominal damages

Question 14

What remedies can succesful private necessity defense protect you from?

Answer 14

punitive damages, however not necessarily compensatory damages for the product harmed

Question 15

What remedies can succesful defense with public necessity protect you from?

Answer 15

all damages, health of the people is seen as more important