Torts Distinctions

Question 1

What are the elements of Batter?

Answer 1

1. Harmful or offensive contact (objective standard; no actual harm required)
2. To person of another (or anything connected to it)
3. Causation (direct or indirect)
4. D’s intent
   • Single-intent rule (majority rule)—D may be liable if D (i) intends to bring about the contact; D need not intend (ii) that the contact is harmful or offensive
   • Double-intent rule—D must (i) intend to bring about a contact, and (ii) intend that the contact be harmful or offensive
   • Transferred intent applies

Question 2

What are the elements of Assault?

Answer 2

1. Conduct or other circumstances (mere words not enough)
2. Plaintiff (P) must have reasonable apprehension and awareness of D’s act or threat
3. Imminent threat of harm
4. Intent (includes transferred intent)

Question 3

What is Assault?

Answer 3

act or threat by D intended to cause apprehension of imminent harm or offensive
contact

Question 4

What are the elements to IIED?

Answer 4

1. Intent or recklessness
2. Extreme and outrageous conduct by D (beyond human decency, outrageous)
3. Public figures/concerns
4. Third-party victim
5. Causation
6. Damages
7. VA Point of Law - P must prove IIED

Question 5

What are the elements of False Imprisonment?

Answer 5

1. Intent to confine or restrain another within boundaries (no reasonable means of safe escape); confinement; victim is conscious of confinement or harmed by it
2. Methods of confinement (physical barriers or force, threats, invalid use of legal authority, duress, failure to provide means of escape)
3. Time—immaterial except as to amount of damages
4. Intent—purposeful act or knowing confinement is substantially certain to result
5. Damages—actual damages necessary only if P was unaware of confinement
6. Shopkeeper’s privilege—reasonable detention of suspected shoplifter

Question 6

What is VA distinction on False imprisonment

Answer 6

VA Distinction—VA defines false imprisonment as an illegal restraint on another’s freedom; once P demonstrates a prima facie case of false imprisonment, the burden shifts to D to show that the restraint was legal or justified

VS

Intent to confine or restrain another within boundaries (no reasonable means of safe escape); confinement; victim is conscious of confinement or harmed by it

Question 7

What are the types of Consent

Answer 7

1. Express
2. Implied
3. Invalid

Question 8

Self - Defense: What is Reasonable force?

Answer 8

force proportionate to anticipated harm; reasonable mistake does not invalidate defense

Question 9

Self - defense: what is deadly force?

Answer 9

ok only if reasonable belief of serious bodily injury/death

Question 10

Self-defense: what is “No duty to retreat”?

Answer 10

before using fore, including deadly force

Question 11

Is an initial aggressor entitled to claim self-defense?

Answer 11

Generally no

Question 12

What are the considerations for a defense of others?

Answer 12

1. Reasonable belief

2. Reasonable force

Question 13

What are the elements of a defense of property?

Answer 13

1. Reasonable force allowed
2. No deadly force allowed
3. Reasonable force to prevent intrusion on one’s land
4. Reasonable force to reclaim personal property wrongfully taken

Question 14

What are the limitation of parental discipline?

Answer 14

1. Reasonable force/ confinement ok

2. Educator has same privilege - unless restricts

Question 15

What are the privilege of arrest defense?

Answer 15

1. Felony

2. Misdemeanor

Question 16

When is Police allowed to assert a Privilege of arrest?

Answer 16

Felony - Police - ok for felonies if reasonable to believe it was committed and to suspect the person arrested (no tort liability for mistake as to commission of felony)

Misdemeanor - only if committed in presence of arresting party

Question 17

When is private party allowed to assert a Privilege of arrest?

Answer 17

Felony - ok if crime was actually committed and reasonable to suspect the person
arrested committed it (reasonable mistake only defense as to identity of felon)

Misdemeanor - private only if breach of peace

Question 18

What are the torts for Harms to Property Interests?

Answer 18

1. Trespass to chattels
2. Conversion
3. Trespass to land
4. Nuisance

Question 19

What are the elements of Trespass to chattels?

Answer 19

1. Intentional interference with P’s right of possession by either—
   • Dispossessing or
   • Using or intermeddling with P’s chattel
2. Only intent to do the act is necessary—transferred intent applies
3. Mistake of law or fact—about legality of actions is not a defense
4. Damages (actual, loss of use, and nominal damages; no loss of use damages without dispossession)
5. Remedy (compensation for diminished value or cost of repair)

Question 20

What are the elements of conversion

Answer 20

1. Intentional act
2. Interference with P’s right of possession
3. So serious (based on duration/extent, intent to assert a right, D’s lack of good faith,
   extent of harm and P’s inconvenience) that it deprives P of the use of the chattel
4. Damages

Question 21

What are the elements of Trespass to land

Answer 21

1. Intent to enter land or cause physical invasion, not to trespass; transferred intent applies
2. Physical invasion
3. Proper P - anyone in actual or constructive possession of land
4. Necessity as a defense