Torts

Question 1

Intentional Torts: Three Elements

Answer 1

Act
Intent
Causation of Harm

Question 2

Intent

Answer 2

The actor acts with the purpose of causing the consequence; OR
The actor knows that the consequence is substantially certain to follow.

Question 3

Intent: Children and the Mentally Incompetent

Answer 3

Children and mentally incompetent persons can be held liable for intentional torts if they act with the requisite intent.

Question 4

Transferred Intent

Answer 4

Intent transfers when a person intends to commit an intentional tort agains one person but instead commits:

• A different intentional tort against the same person;
• The same intentional tort against a different person; OR
• A different intentional tort against a different person.

Question 5

Battery: General Rule

Answer 5

Battery occurs when a defendant causes harmful or offensive contact with the person of another; and acts with the intent to cause that contact or the apprehension of that contact.

Question 6

Battery: Harmful or Offensive Contact

Answer 6

Contact is harmful if it causes injury, pain, or illness, and it is offensive if a person of ordinary sensibilities would find the contact offensive.

A defendant may be liable if he is aware that the victim is hypersensitive but acts nonetheless.

Question 7

Battery: Plaintiff’s Person

Answer 7

A plaintiff’s person includes anything connected to the plaintiff’s person.

Question 8

Battery: Causation

Answer 8

The defendant’s act must result in contact of a harmful or offensive nature.

Question 9

Battery: Intent

Answer 9

A defendant must act with the intent to cause contact or apprehension of that contact. If a contact is not consented to, that suffices to make it offensive.

Question 10

Battery: Damages

Answer 10

A plaintiff does not need to prove actual harm. The plaintiff can recover nominal damages.

Many states allow punitive damages if the defendant acted outrageously or with malice.

[Address Eggshell Plaintiff]

Question 11

“Eggshell-Plaintiff” Rule

Answer 11

A defendant is liable for all harm that flows from battery, even if it is much worse than the defendant expected it to be.

Question 12

Assault: General Rule

Answer 12

Assault occurs when a plaintiff experiences a reasonable apprehension of an imminent harmful or offensive bodily contact, and the defendant intended to cause either an apprehension of imminent harm or offensive contact, or the contact itself.

Question 13

Assault: Bodily Contact

Answer 13

Bodily contact is not required for assault.

Question 14

Assault: Plaintiff’s Apprehension

Answer 14

The plaintiff’s apprehension must be reasonable. The plaintiff must be aware of the defendant’s action for assault to occur.

Question 15

Assault: Imminent

Answer 15

Imminent means without significant delay. Threats of future harm are not sufficient.

Generally, mere words do not constitute an assault, but words coupled with the circumstances can, in some cases, be sufficient.

Question 16

Assault: Damages

Answer 16

The plaintiff need not prove actual damages. The plaintiff can recover nominal damages.

In appropriate cases, punitive damages may be available.

the plaintiff can also recover damages from physical harm flowing from the assault.

Question 17

IIED: General

Answer 17

IIED may occur when the defendant’s extreme or outrageous conduct causes severe emotional distress.

Question 18

IIED: Intent

Answer 18

The defendant must intend to cause severe emotional distress or at least act with recklessness as to the risk of causing severe emotional distress.

Transferred intent does NOT apply.

Question 19

IIED: Extreme or Outrageous Conduct

Answer 19

Courts are likely to find conduct or language to be extreme or outrageous if the defendant is in a position of authority or influence over the plaintiff; or the plaintiff is a member of a group that has heightened sensitivity.

Question 20

IIED: Acts Directed Toward Third Parties

Answer 20

A defendant who directs his conduct at a third-party victim can also be liable to:
the victim’s family member who is present at the time of the conduct, regardless of whether there has been bodily injury; or
to a bystander who is present at the time of the conduct who suffers distress that results in bodily injury.

Question 21

IIED: Causation

Answer 21

The defendant’s actions must be at least a substantial factor in bringing about the plaintiff’s harm.

Question 22

IIED: Damages

Answer 22

If the plaintiff unreasonably experiences severe emotional distress, then the defendant is only liable if aware of the plaintiff’s hypersensitivity. (Physical injury is not required, except in the case of a bystander)

Question 23

False Imprisonment: General Rule

Answer 23

A defendant commits false imprisonment when he acts intending to confine or restrain another within the boundaries fixed by the defendant; the actions directly or indirectly result in confinement; and the plaintiff is aware of the confinement or is harmed by it.

Question 24

False Imprisonment: Confined Within Bounded Area

Answer 24

The area can be large and it need not be stationary.

Confinement can occur through the use of physical barriers, physical force, threats, invalid use of legal authority, duress, or refusing to provide a safe means of escape.

A court may find false imprisonment when the defendant has refused to perform a duty to help a person escape.

The time of confinement is immaterial.

Question 25

False Imprisonment: Shopkeeper’s Privilege

Answer 25

A shopkeeper can detain a suspected shoplifter for a reasonable time and in a reasonable manner.

Question 26

False Imprisonment: Intent

Answer 26

The defendant must act with the purpose of confining the plaintiff; or knowing that the plaintiff’s confinement is substantially certain to result.

A defendant will not be liable under false imprisonment, but rather under negligence for confinement due to the defendant’s negligence.

Question 27

False Imprisonment: Damages

Answer 27

Actual damages are not required. Nominal damages can be recovered.

Question 28

Defenses to Intentional Torts Involving Personal Injury

Answer 28

1) Consent (Express or Implied)
2) Self Defense
3) Defense of Others
4) Defense of Property
5) Parental Discipline
6) Privilege

Question 29

Defenses to Intentional Torts Involving Personal Injury: Express Consent

Answer 29

A plaintiff may consent to an intentional tort.

Consent by mistake is a valid mistake unless the defendant caused the mistake or knew of it and took advantage of it.

Consent by fraud is invalid if it goes to an essential matter.

Question 30

Defenses to Intentional Torts Involving Personal Injury: Implied Consent

Answer 30

Consent may be implied from the circumstances.

Consent is implied in emergencies when immediate action is required to save the life or health of a patient who is incapable of consenting to treatment.

A defendant is only liable for injuries arising from athletic contests if his conduct is reckless (conduct outside the normal scope of the sport)

Question 31

Defenses to Intentional Torts Involving Personal Injury: Consent and Capacity

Answer 31

Lack of capacity due to youth, intoxication, or incompetency may undermine the validity of consent.

Question 32

Defenses to Intentional Torts Involving Personal Injury: Self Defense

Answer 32

A person may use reasonable, proportionate force to defend against an offensive contact or bodily harm.

Most states have enacted statutes eliminating the duty to retreat before one can use deadly force.

A first aggressor may not claim self defense unless the other party has responded to non-deadly force with deadly force.

The actor is not liable for injuries to bystanders as long as the injuries were accidental and the actor was behaving reasonably.

Question 33

Defenses to Intentional Torts Involving Personal Injury: Defense of Others

Answer 33

A defendant may use reasonable force in defense of others, upon a reasonable belief that the party would be entitle to use self defense.

Question 34

Defenses to Intentional Torts Involving Personal Injury: Defense of Property

Answer 34

A person may use non-deadly force if the the person reasonably believes it is necessary to prevent tortious harm to their property. Deadly force cannot be used.

Reasonable force may be used to reclaim personal property that has been wrongfully taken by another, but if the original taking was lawful and the current possessor has merely retained possession beyond the time consented to, then only peaceful means may be used.

Question 35

Defenses to Intentional Torts Involving Personal Injury: Force to Regain Possession of Land

Answer 35

Under common law, reasonable force was permitted to regain possession of land, but the modern rule is that force is no longer permitted.

Question 36

Defenses to Intentional Torts Involving Personal Injury: Parental Discipline

Answer 36

A parent may use reasonable force as necessary to discipline their child.

Question 37

Defenses to Intentional Torts Involving Personal Injury: Private Citizen Privilege of Arrest

Answer 37

A private citizen is permitted to use reasonable force to make an arrest in the case of a felony IF: the felony has actually been committed; AND the arresting party has reasonable grounds to suspect that the person being arrested has committed the felony.

Reasonable mistake as to identity is permissible, but mistake as to whether the felony was actually committed was not.

An arrest by a private person may only be made if there is a “breach of the peace.”

Question 38

Defenses to Intentional Torts Involving Personal Injury: Police Privilege of Arrest

Answer 38

Police must reasonably believe a felony has been committed and that the person arrested committed it. An officer who makes a mistake as to whether a felony has been committed is not subject to tort liability.