Torts

Question 1

Battery Definition

Answer 1

1. Harmful or offensive contact…

2. with the intent to cause the harmful or offensive contact

Question 2

Is intoxication a defense to tort crimes?

Answer 2

No, unless the P was forced to be intoxicated.

Question 3

Burglary

Answer 3

1. breaking and entering of a dwelling
2. of another
3. at night time
4. to commit a felony therein

abandonment is not a defense if all elements of burglary are met.

Question 4

Negligence Per Se

Answer 4

Negligence per se occurs if:

1. there was a criminal or other regulatory statute/ordinance/law that imposed a penalty for its breach;
2. the D violated the law;
3. the harm caused by the violation was the type of harm that the law was intended to protect against;
4. the plaintiff was in the class of individuals the law was intended to protect; and
5. the violation of the law caused (both proximate and actual) the harm to the plaintiff

Question 5

Trespass to Chattels

Answer 5

Occurs when a D intentionally interferes with P’s use or possession of a “chattel”. If D takes the chattel out of P’s possession, a trespass to chattels has occurred. Intent to cause harm to property interest is unnecessary. Most courts hold that trespass to chattels only occurs where P can prove some actual harm.

Question 6

When can punitive damages be awarded?

Answer 6

When there is proof of the D’s willful or wanton misconduct. Punitive damages can be vacated on appeal if no evidence of willful or wanton misconduct.