Torts _ Intentional Torts

Question 1

Prima Facie Case of Intentional Torts
(3)

Answer 1

The prima facie case for all intentional torts consists of (1) act; (2) intent; and (3)
causation.

Act
The defendant must act volitionally (i.e., the defendant must have acted on his own free
will).

Intent
Intent may be either specific, general, or transferred.

Specific Intent:
The defendant consciously desires a specific consequence

General Intent: the defendant knows to a substantial certainty that a certain outcome
will result from his act.

Transferred Intent: The intent element is satisfied when the defendant either intends to
commit one tort against one person but instead

a. Commits a different tort against that person;
b. Commits the intended tort against a different person; or
c. Commits a different tort against a different person

Causation
The defendant must have caused the injury. A defendant causes the injury when his
conduct is the substantial factor in bringing about the injury.

Hi Smarty! Remember to discuss causation as the hidden third element :)

Question 2

Battery (2)

Answer 2

1) Intent
2) Harmful or Offensive Contact

A defendant is liable for battery when he intentionally causes a harmful or offensive contact to the plaintiff’s person.

Question 3

Defenses to Battery

Answer 3

Consent
People are presumed to consent to the ordinary contacts that are part of life in a crowded
society

Question 4

Assault (2)

Answer 4

1) Intent
2) Reasonable Apprehension of an imminent battery

A defendant is liable for assault when he intentionally causes the plaintiff to suffer apprehension of immediate harmful or offensive contact to the plaintiff’s person.

The apprehension element consists of showing (a) reasonable (b) apprehension,
and (c) immediacy

Question 5

Trespass to Chattel (3)

Answer 5

1) Intent
2) Interference with use
3) Remedy = Actual Damages

The defendant commits trespass to chattels when the defendant intentionally commits an
act that interferes with the plaintiff’s right of possession.

Question 6

Conversion (3)

Answer 6

1) Intent
2) Substantial Interference with use
3) Remedy = Value of property at Conversion

A defendant commits conversion when the defendant intentionally acts to interfere with
the plaintiff’s right of possession that is serious enough in nature or consequence to
warrant that the defendant pay the full value of the chattel.

Question 7

Trespass to Chattel v Conversion (main difference)

Answer 7

(ToC) Interference + actual damages

(C) SUBSTANTIAL interference + FMV damages

Question 8

Trespass to Land (2)

Answer 8

1) Intent
2) Physical invasion of land

AdaptiTip
* For trespass to land, you do not need to know whose property you are entering
* For trespass to land, no damage has to occur to the property

The defendant commits trespass to land when the defendant intentionally invades the
plaintiff’s exclusive possessory interest in real property, including air above and soil
below.

Question 9

Intentional Infliction of Emotional Distress (3):

Answer 9

1) Intent or Recklessness
2) Extreme & Outrageous Conduct
3) Severe Emotional Distress

A defendant commits intentional infliction of emotional distress when he intentionally or
recklessly engages in extreme and outrageous conduct that causes plaintiff to suffer
severe emotional distress.

Question 10

Bystander Rule IIED (3):

Answer 10

1) Close Family Member
2) Defendant had Knowledge
3) Severe Emotional Distress

Question 11

Non-Family Member Bystander IIED

Answer 11

• Bystander must suffer PHYSICAL harm

Question 12

False Imprisonment:

Answer 12

1) Intent
2) Confined, bounded area
3) Aware of Confinement

Defendant (1) intentionally (2) confines or detains plaintiff to a bounded area and (3)
plaintiff is either aware of the confinement or actually harmed by it.

Question 13

Shopkeeper Privilege (3):

Defense to False Imprisonment

Answer 13

1) Reasonable Belief
2) Detained in a Reasonable Manner
3) Reasonable period of time

Generally, (1) a store owner may detain someone (2) for a reasonable period of time, (3)
based upon a reasonable suspicion that the person stole the store’s property.

Question 14

Legal Justification

Defense to False Imprisonment

Answer 14

If the defendant is authorized by law to detain or confine the plaintiff, the defendant is not
liable for false imprisonment.

Question 15

Negligent Trespass to Land (2):

NEGLIGENT VERSION OF INTENTIONAL TORTS

Answer 15

1) Negligently enter land of another
2) Liable for damage to land

Example:
o Jon is driving and texting and swerves onto your
land

Question 16

Negligent Infliction of Emotional Distress (3):

NEGLIGENT VERSION OF INTENTIONAL TORTS

Answer 16

1) Negligent Conduct
2) Zone of Danger
3) Severe Emotional Distress & Physical Harm

Example:
o Jon is driving and texting and the car is almost
going to hit you. You jump out of the way and break your leg

Question 17

Bystander Rule NIED (2)

NEGLIGENT VERSION OF INTENTIONAL TORTS

Answer 17

1) Close Family Member 2) Emotional Distress

Question 18

Mishandling of a Corpse (2):

NEGLIGENT VERSION OF INTENTIONAL TORTS

Answer 18

1) Negligent handling of a corpse
2) No Physical Harm required

Question 19

TRANSFERRED INTENT (2)
+ Which torts do this apply to (5)?

Answer 19

Transferred Intent:
* Defendant intends to commit a tort, but commits:
1) A different tort or
2) The same tort against a different person

For transferred intent to apply, both torts must be from the following list:
* Assault
* Battery
* False Imprisonment
* Trespass to Land
* Trespass to Chattel

Question 20

Consent (2):

DEFENSES TO INTENTIONAL TORTS

Answer 20

1) Implied or Express
2) Cannot exceed Scope of Consent

Example:
o Jon tells you to slap him in the face
o You are playing a ball game and pushing each
other around

Question 21

Self-Defense (2):

DEFENSES TO INTENTIONAL TORTS

Answer 21

1) Reasonable Belief of attack
2) Reasonable Force

Question 22

Defense of Others:

DEFENSES TO INTENTIONAL TORTS

Answer 22

• Reasonable Belief third party to be attacked

Question 23

Defense of Property (3) + Exception (“RoC”):

DEFENSES TO INTENTIONAL TORTS

Answer 23

1) Reasonable Force
2) Reasonable Belief to stop invasion of land
3) CANNOT use Deadly Force to defend property

You can only use deadly force to defend property if there is a threat to personal safety (Recapture of Chattel)

Question 24

Private Necessity:

DEFENSES TO INTENTIONAL TORTS

Answer 24

• Defense to Trespass
• Liable for damages to property

Example:
o You are flying a plane, and the plane is about to crash, so you land on someone else’s piece of land to avoid crashing

Question 25

Public Necessity:

DEFENSES TO INTENTIONAL TORTS

Answer 25

1) Preventing public harm
2) Not liable for damages to property

Question 26

Insanity

DEFENSES TO INTENTIONAL TORTS

Answer 26

Under the majority view, the mentally insane can possess the requisite intent and be liable
for intentional torts.

Question 27

List out all the INTENTIONAL TORTS to the PERSON and rules

Answer 27

**Torts to the Person
**
Assault: intentionally causing the plaintiff to suffer reasonable apprehension of
harmful or offensive contact to the plaintiff’s person

Battery: Intentionally causing a harmful or offensive contact to the plaintiff’s
person

False Imprisonment: intentionally confining the plaintiff to a bounded area.

Intentional Infliction of Emotional Distress
intentionally or
recklessly engages in extreme and outrageous conduct that causes plaintiff to suffer
severe emotional distress.

Question 28

List out all the INTENTIONAL TORTS AGAINST PROPERTY and rules

Torts Against Property

Answer 28

Conversion: substantially interfering with plaintiff’s possessory interest such that
plaintiff may recover the full market value from the defendant.

Trespass to Land: intentionally physically invading plaintiff’s exclusive possessory interest in real property.

Trespass to Chattel: intentionally interfering with plaintiff’s right of possession in a chattel, through dispossession or intermeddling

Question 29

Defenses to False Imprisonment (3)

Answer 29

Consent
If a plaintiff consents to remain to the bounded area, the defendant is not liable for false
imprisonment.

Legal Justification
If the defendant is authorized by law to detain or confine the plaintiff, the defendant is not
liable for false imprisonment.

Shopkeeper’s Privilege
Generally, (1) a store owner may detain someone (2) for a reasonable period of time, (3)
based upon a reasonable suspicion that the person stole the store’s property.

Question 30

Defenses to Intentional Torts

Answer 30

• Insanity
• Self-Defense
• Defense of Others
• Defense of Property
• Recapture of Chattel
• Public Necessity
• Private Necessity

Insanity
Under the majority view, the mentally insane can possess the requisite intent and be liable for intentional torts.
Self-Defense
An individual can use reasonable force to prevent an imminent attack. The individual must actually and reasonably believe that the use of force is necessary.
An individual can only use deadly force is the individual is facing the threat of death or serious bodily harm.
Defense of Others
When an individual has reasonable grounds to believe that a third-person is being, or is about to be attacked, the individual may use such force as is reasonably necessary to protect the third-party.
Defense of Property
An individual may use a reasonable amount of force to protect their real or personal property. A verbal warning is required before an individual may use force unless issuing the warning would be futile or dangerous.
An individual is only permitted to use deadly force id the individual believes that there is a risk of death or serious bodily harm.
Recapture of Chattel
An individual may use reasonable, but not deadly, force to regain possession of personal property. The individual may only use force when they are in hot pursuit of another who has wrongfully obtained possession of the personal property.
Public Necessity
An individual can interfere with another’s real or personal property when it appears reasonably necessary to prevent a threatened harm to the community. If the property is damaged as a result, no compensation is owed.
Private Necessity
An individual can interfere with another’s real or personal property when it appears reasonably necessary to prevent a threatened harm to the individual, the individual’s property, a third-person, or a third-person’s property. If the other person’s property is damages as a result, the individual must pay damages.