Torts

Question 1

IA1 - Assault

Answer 1

a reasonable apprehension by plaintiff of an immediate harmful or offensive contact with her/his person

Question 2

IA2 - Battery

Answer 2

a harmful or offensive contact with plaintiff’s person

Question 3

False Imprisonment

Answer 3

an act confining the plaintiff to a bounded area

Question 4

IIED

Answer 4

outrageous conduct causing severe emotional distress

Question 5

Trespass to Chattels/Conversion

Answer 5

interference with plaintiff’s possessory right: intermeddling (damages) or dispossession (forced sale)

Question 6

Trespass to Land

Answer 6

a physical invasion of plaintiff’s land

Question 7

Nuisance

Answer 7

substantional and unreasonable interference with use and enjoyment of property (public or private nuisance)

Question 8

B. Defenses to Intentional Torts

1. Consent:

Answer 8

a. Was the privilege available on these facts?
1) Did plaintiff have capacity?
2) Was consent expressly given?
3) Implied by custom and usage or plaintiff’s conduct?
b. If yes, did defendant stay within scope?

Question 9

B. Defenses to Intentional Torts

2. Defensive privileges (self-defense, defense of others, defense of property, shopkeeper’s privilege):

Answer 9

a. Was privilege available on these facts?
1) Self-defense: reasonable belief that tort is being or about to be committed on defendant
2) Defense of others: tort is in fact being committed or about to be committed on third person
3) Defense of property: reasonable belief that tort is being or about to be comitted on property
4) Shopkeeper’s privilege - reasonable belief plaintiff shoplifted and detained for reasonable time

Question 10

3. Necessity (applicable on to property torts)

Answer 10

a. Public necessity is absolute defense if for public good
b. Private necessity - Defendant is privileged but pays actual damages