Torts 1 - Intentional Torts

Question 1

General Elements of Intentional Torts

Answer 1

(1) Voluntary Act
(2) Intent
(3) Causation
(4) Harm
(5) Lack of privilege or defense

Question 2

Voluntary Act

Answer 2

Acts are not voluntary if they are a product of pure reflex or if the D is unconscious when the act is performed.

Question 3

Intent

Answer 3

(1) D desires that his act will cause the harmful result described by the tort; pr
(2) D knows that is is substantially certain that such a result will occur.

Question 4

Incompetency

Answer 4

Fact that D is incompetent or a minor does not preclude a finding of intent. But is a factor when deciding if he did have intent.

Question 5

Transferred Intent

Answer 5

If D acts with necessary intent to inflict certain intentional torts, but for some reason causes injury to a different victim than intended, the D’s intent is transferred to the actual victim.

Question 6

Battery

Answer 6

Intentional act that causes a harmful or offensive contact with the P or with something closely connected to the P.

Question 7

Battery - Elements

Answer 7

(1) Intent to contact.
(2) Harmful or offensive contact.
(3) With a person or something closely connect to that person.

Question 8

Harmful or Offensive Contact

Answer 8

If the contact would inflict pain or impairment of any body function, or if a reasonable person would regard it as offensive. P need not be aware of contact.

Question 9

Assault

Answer 9

Intentional act that causes the P to experience a reasonable apprehension of an immediate harmful or offensive contact.

Question 10

Assault - Elements

Answer 10

(1) Intent to create apprehension
(2) Reasonable Apprehension
(3) Of imminent battery

Question 11

Reasonable Apprehension

Answer 11

Reasonable person in the same position as the P would have experienced the same apprehension.

Question 12

Assault - Imminence

Answer 12

The threat of battery has to be imminent.

Question 13

False Imprisonment

Answer 13

An intentional act that causes a P to be confined or restrained to a bounded area against the P’s will, and the P knows of the confinement or is injured by it.

Question 14

False Imprisonment - Elements

Answer 14

(1) Intent
(2) Confinement
(3) Against P’s Will
(4) P knows of confinement or is injured thereby

Question 15

Confinement

Answer 15

P may be confined by the use of physical barriers, by failing to release the P where D has a legal duty to do so, or by the invalid assertion of legal authority. Not confined if there is a reasonable means of escape.

Question 16

Intentional Infliction of Emotional Distress

Answer 16

An intentional or reckless act amounting to extreme and outrageous conduct that causes the P severe mental distress.

Question 17

IIED - Elements

Answer 17

(1) Intent or recklessness
(2) Extreme or outrageous conduct
(3) Causation
(4) Severe emotional distress

Question 18

IIED - Intent

Answer 18

D must act with intent to cause severe emotional distress or be reckless in creating the risk of emotional distress. i.e. deliberate disregard of a high degree of probability that the emotional distress will follow.

Question 19

Extreme and Outrageous Conduct

Answer 19

Where the D’s conduct is beyond the bounds of decency–conduct that a civilized society will not tolerate.

Question 20

Offensive or Insulting Language

Answer 20

Generally will not suffice unless where D is a common carrier or innkeeper or D knows P is sensitive to such a thing like elderly, kids, and pregnant people.

Question 21

Severe Distress

Answer 21

Must be substantial, not trivial or transitory. The more outrageous the conduct the easier to prove.

Question 22

Severe Distress - 3rd Party or Bystander

Answer 22

D can be liable to a P who is an immediate family member or close relative where the P is present at the time and D is aware of P’s presence. Or any other P present if such distress results in bodily harm and D was aware of their presence.

Question 23

Trespass to Land

Answer 23

Intentional act that causes a physical invasion of the P’s land.

Question 24

Trespass to Land - Elements

Answer 24

(1) Intent to enter the land
(2) Entry
(3) Plaintiff posseses land

Question 25

Trespass to Land - Mistake

Answer 25

Mistake is not a defense.

Question 26

Trespass to Land - Possession

Answer 26

P must be in actual possession of the land. Can be owner, tenant, or even adverse possessor. As long has they have possession.

Question 27

Trespass to Land - Damages

Answer 27

Nominal damages where no injury is caused. Damages for any harm caused by trespass. Where D acts willfully or maliciously may be liable for punitive damages.

Question 28

Trespass to Land - Ejectment

Answer 28

Requires:
(1) Proof of legal title
(2) Proof of P's right to possession
(3) Wrongful possession by D.
Can get person ejected from land and mesne damages for loss of use of land measured by rental value or benefit gained by wrongful possessor.

Question 29

Trespass to Chattels

Answer 29

Intentional act by the defendant that interferes with the P’s chattel, causing harm.

Question 30

Trespass to Chattels - Elements

Answer 30

(1) Intent
(2) Interference
(3) P’s chattel
(4) Harm

Question 31

Trespass to Chattels - Intent

Answer 31

Intent is satisfied when the D intentionally performs the physical act that interferes with the P’s chattel. Mistake is not a defense.

Question 32

Interference - Dispossession

Answer 32

A direct interference with the P’s chattel, such as where a D temporarily takes the P’s chattel or wrongfully refuses to return it.

Question 33

Interference - Intermeddling

Answer 33

Interference that does not directly affect the plaintiff’s possession.

Question 34

Trespass to Chattels - Damages

Answer 34

Requires actual damage including value of loss of use or cost to remedy an intermeddling.

Question 35

Conversion

Answer 35

Is an intentional act by a D that causes the destruction of or a serious and substantial interference with the P’s chattel.

Question 36

Conversion - Elements

Answer 36

(1) Intent
(2) Dominion and control
(3) Substantial interference/destruction

Question 37

Substantial interference/destruction

Answer 37

The exercise by the D of dominion and control over the chattel.

Question 38

Examples of Conversions

Answer 38

(1) Theft, embezzlement
(2) Selling, misdelivering
(3) Withholding from owner
(4) Loss, destruction , or severe damage
(5) Material alteration
(6) Significant misue

Question 39

Replevin

Answer 39

Action at law for the recovery of specific chattels that have been wrongfully taken or detained.

Question 40

Defenses - Privilege

Answer 40

Privilege may exist where:

(1) The person affected by D’s conduct consents to the act
(2) Some important personal or public interest will be protected by the D’s ordinarily prohibited conduct, and this interest justifies the harm caused by D
(3) The D must act freely in order to perform an essential function.

Question 41

Defenses - Consent

Answer 41

Can’t exceed scope of consent.

Question 42

Self-Defense

Answer 42

Force must be reasonable and proportionate.

Question 43

Public Necessity

Answer 43

Defendant is acting to protect public from threatened severe harm. No liability for damage to plaintiff’s property.

Question 44

Private Necessity

Answer 44

D acting to prevent harm that is substantially greater than the harm that will result from the action normally taken. Still liable for damages.

Question 45

Necessity

Answer 45

Has to be reasonable in the circumstances. Mistake is ok.

Question 46

Shopkeeper’s Privilege

Answer 46

Not liable for false imprisonment or a related tort if he has a reasonable suspicion that the P has stolen goods, uses reasonable force to detain the person, and detains teh P for a reasonable period in a reasonable manner. mistake is ok as long as reasonable.