Torts

Question 1

Battery

Answer 1

The prima facie case for battery has the following elements: (i) an act by the defendant that brings about harmful or offensive contact to the plaintiff’s person; (ii) intent on the part of the defendant to bring about harmful or offensive contact to the plaintiff’s person; and (iii) causation.

Question 2

Assault

Answer 2

The prima facie case for assault requires (i) an act by defendant causing a reasonable apprehension in plaintiff of immediate harmful or offensive contact to the plaintiff’s person; (ii) intent by defendant to bring about in plaintiff apprehension of contact; and (iii) causation.

For there to be apprehension, plaintiff must be aware of defendant’s act at the time it is occurring.

Question 3

Force is appropriate when…

Answer 3

Force may be used when the owner of a chattel attempts to recapture that chattel when in “hot pursuit” of the tortfeasor. A demand for the return of the chattel must be made before force is used, unless the demand would be futile or dangerous.

A citizen may use force to effect a misdemeanor arrest.

A property owner may use force (but cannot use force that will cause death or serious bodily harm) to defend the property from tortious interference.

A landowner MAY NOT use force to regain real property after being tortiously dispossessed.

Question 4

Shopkeeper’s Privilege

Answer 4

In addition to having a reasonable belief as to the fact of theft, a shopkeeper is required to conduct the detention in a reasonable manner and detain the suspect for a reasonable period of time (and only for the purpose of making an investigation).

Question 5

Landowner’s Defense of Property (condition precedent)

Answer 5

A landowner usually must make a request to desist before defending her property. A request is not required if the circumstances make it clear that the request would be futile or dangerous.

Question 6

trespass to land

Answer 6

To establish a prima facie case for trespass to land, plaintiff must prove: (i) an act of physical invasion of plaintiff’s real property by defendant; (ii) intent on defendant’s part to bring about the physical invasion; and (iii) causation.

Question 7

negligence in a products liability case

Answer 7

To establish a prima facie case of negligence in a products liability case, the plaintiff must show: (i) the existence of a legal duty owed by the defendant to that particular plaintiff; (ii) breach of that duty; (iii) actual and proximate cause; and (iv) damages.

Question 8

prima facie case for interference with business relations

Answer 8

(i) existence of a valid contraction relationship between plaintiff and a third party OR a valid business expectancy of plaintiff; (ii) defendant’s knowledge of the relationship or expectancy; (iii) intentional interference by defendant that induces breach or termination of the relationship or expectancy; and (iv) damage to plaintiff

an interferer’s conduct may be privileged where it is a proper attempt to obtain business for the interferer, particularly if the interference is only with a prospective business relationship rather than with an existing contract