Torts - 1. Intentional Torts

Question 1

General elements of intentional tort

Answer 1

Voluntary Act
Intent
Actual Causation

Question 2

Transferred intent applies where

Answer 2

BAFTT
Battery
Assault
False Imprisonment
Trespass to Land
Trespass to Chattels

Question 3

Battery

Answer 3

Harmful or offensive contact with P’s person
where D intended such harmful or offensive contact or imminent apprehension of such contact with P’s person
D caused such contact

Question 4

Assault

Answer 4

Act by D creating reasonable apprehension in P of D of imminent battery (harmful or offensive contact to P’s person)
Where D intended such apprehension and
Caused such apprehension

Question 5

False Imprisonment

Answer 5

Intentional confinement of of P to bounded area against P’s will caused by D’s act/omission

Question 6

IIED

Answer 6

Extreme and outrageous conduct intended by D
That causes severe emotional distress (actual only) in P

Question 7

IIED to Third Parties

Answer 7

D intentionally or reckless causes severe emotional distress AND
1) D knows 3P is present + direct victim is close family relative of 3P (no bodily harm required) OR
2) 3P’s emotional distress is so bad that it results in bodily harm to 3P

Question 8

Trespass to land

Answer 8

D’s intentional act causing physical invasion of P’s real property

Question 9

Trespass to chattel

Answer 9

D’s intentional interference with P’s possessory right to personal property

Question 10

Conversion

Answer 10

Substantial interference with P’s possessory right to personal property

Question 11

NIED (Indirect)

Answer 11

P is owed a duty if P was present at scene (but not in zone of danger) + suffered SED + had close relationship with V