Torts Elements

Question 1

Battery

Answer 1

• harmful or offensive contact
• to person of another
• causation
• D’s intent (single intent - just contact, double intent - contact and it’s harmful/offensive)

Question 2

Assault

Answer 2

• conduct or other circumstances
• P must have reasonable apprehension and awareness of D’s threat
• imminent threat of harm
• intent (includes transferred intent)

Question 3

IIED

Answer 3

• intent or recklessness (** transferred intent doesn’t apply when D intended to commit a different intentional tort)
• extreme and outrageous conduct by D

can also apply to

• third party victims (physical harm needed)
• public figures with actual malice
• private figures as long as issue wasn’t of public concern)

Question 4

false imprisonment

Answer 4

• intent to confine/restrain within boundaries
• confinement
• victim is conscious or harmed by it

Question 5

trespass to chattels

Answer 5

intentional interference with P’s right to possession either by

• dispossessing or
• using or intermeddling with P’s chattel

** only intent to do the act is necessary**

Question 6

conversion

Answer 6

• intent to commit the act that interferes
• interference with P’s right to possession
• so serious that it deprives P of the use of the chattel

Question 7

trespass to land

Answer 7

• intent to enter land or cause physical invasion
• physical invasion of property
• proper P (anyone in actual or constructive possession of land)

Question 8

private necessity defense

Answer 8

qualified privilege for limited number of people to enter/remain on land to protect their own person or property from serious harm

• not liable for trespass
• RESPONSIBLE FOR ACTUAL DAMAGES

Question 9

public necessity defense

Answer 9

unqualified/absolute privilege to avert imminent public disaster
- not liable for damages if actions reasonable or reasonable belief that necessity existed - even if initial entry not necessary

Question 10

private nuisance

Answer 10

substantial and unreasonable interference with another’s use or enjoyment of his land

Plaintiff = anyone with possessory rights in property

Interference - must be intentional, negligent, reckless, or result of abnormally dangerous conduct

Substantial = objectively offensive to average reasonable person in community

Unreasonable = injury caused outweighs usefulness of action

Question 11

public nuisance

Answer 11

unreasonable interference with a right common to the general public

Plaintiff = private citizen suffering harm different in kind from general public

Question 12

Duty to trespassers

Answer 12

refrain from willful, wanton, reckless, or intentional conduct

discovered trespassers = warn or protect against concealed, dangerous, artificial conditions

undiscovered trespassers = generally no duty unless owner should reasonably know that trespassers are entering the land, then same duty owed a licensee

Question 13

attractive nuisance

Answer 13

liable for injuries to children if:

• artificial condition
• poses unreasonable risk or serious bodily injury
• children cannot appreciate the danger
• burden of eliminating danger slight compared to risk of harm
• owner fails to exercise reasonable care to protect the children

Question 14

duty to invitee

Answer 14

reasonable care to inspect, discover dangerous conditions and protect invitee from them

Question 15

duty to licensee

Answer 15

• warn of concealed dangers that are known or should be obvious
• use reasonable care in conducting activities on the land
• no duty to inspect

Question 16

negligence per se elements

Answer 16

• criminal or regulatory statute imposes a specific duty for protection of others
• D neglects to perform the duty
• D liable to anyone in the class of people intended to be protected by the statute
• for hams of the type the statute was intended to protect against