Torts

Question 1

Elements of battery

Answer 1

1. Act - external manifestation of actor’s will
2. Intent - to make contact (single intent Maj rule dual intent min rule)
3. Purpose (making contact)
4. Know to substantial certainty (contact will result)
   Harmful/offensive contact to P- Harmful: physical impairment
   *OR Offensive: would offend RP
   Cause in Fact
   Injury (Presumed)

Question 2

Single intent (maj rule) versus Dual intent (min rule)

Answer 2

Single intent ( majority rule)- 1. Purpose/ know to substantial certainty - Contact

Dual intent (min rule)
1. Purpose/knowledge to substantial certainty you’d make contact
2/ Appreciated the Harmful/offensiveness of the contact

Question 3

Assult

Answer 3

1. Act - external manifestation of D’s will
2. Intent – contact (*Dual intent MIN rule)
   -Purpose (to make contact)
   -Knowledge to substantial certainty (contact)
   -Transferred Intent
   3.H/O contact to P
   4.Cause in Fact (C/F)
3. Injury (Presumed)

Question 4

Examples of transferred intent

Answer 4

1. Person -Person
   - Purpose/know SC of contact to A, instead hit B
2. Tort-tort
   -Purpose/know SC of causing apprehension to A, but end up making contact to A
3. Both person and tort
   - Purpose/know SC of causing apprehension to youths in car, end up making contact with neighbor

Question 5

False imprisonment

Answer 5

1. Act
2. Intent (purpose/ know SC)- confine/restrain
3. P in confined/restrained in a bounded area
4. C/F
5. Injury

Question 6

Intentional Infliction of Emotional Distress (IIED)

Answer 6

1. Act
2. Intent- to cause ED
   - Purpose
   -Knowledge substantial certainty
3. Extreme/Outrageous (E/O) conduct
4. C/F
5. Severe Emotional Distress (SED)
   - Subjective
   -Reasonable Person would also suffer (*except that this part doesn’t apply if D knew of P’s particular vulnerability/sensitivity)

Question 7

Reckless Infliction of Emotional Distress (RIED)

Answer 7

1. Act
2. Recklessness- D consciously disregard substantial probability of causing P SED
3. E/O conduct
4. C/F
5. SED
   -P subjectively suffer SED
   - RP suffer SED (**except not required if D knows of P’s particular sensitivity)

Question 8

Indirect IIED

Answer 8

1. Act
2. Intent ** to the indirect P (P who suffers ED)
3. E/O Conduct
4. C/F
5. SED- (same subjective and objective, exception)
6. P present and family member, OR present and physical manifestation

Question 9

Trespass to Land

Answer 9

1. Act
2. Intent- enter the land
   -purpose
   knowledge to substantial certainty
3. interference w/ P’s exclusive control of land
4. C/F
5. Injury (presumed)

Question 10

Trespass to Chattel (Dispossession/ Intermeddling)

Answer 10

1. Act
2. Intent- Dispossess/intermeddle
   -purpose
   -knowledge to SC
3. Dispossession or intermeddling of P’s property
4. C/F
5. Disp-injury presumed; intermed- need actual damage. damage to chattel, or based on loss use if substantial amount of time

Question 11

Dispossession v. Intermeddling

Answer 11

Dispossession: D thinks “chattel is mine” Harm? liability automatic and injury presumed

Intermeddling: touching/messing with P’s chattel
Harm? Need actual damage/harm- damage to chattel or based on loss use (substantial time)

Question 12

Conversion

Answer 12

1. Act
2. Intent (purpose or know SC)
3. Serious interference with P’s exclusive possession of personal property
4. C/F
5. Injury - presumed, (but practically actual damage)