Torts Frequent Rules

Question 1

Intentional Torts:
Battery

Answer 1

1) intentional
2) harmful or offensive contact
3) with the P’s person

Question 2

Intentional Torts:
Assault

Answer 2

1) intentional act
2) that causes P to be placed in reasonable apprehension
3) of an imminent harmful or offensive contact with P’s person

Question 3

Intentional Torts:
False Imprisonment

Answer 3

1) intentional act
2) to restrain P to fixed boundaries (no escape)
3) P is aware of the confinement OR harmed by it

Question 4

Intentional Torts:
Trespass to Land

Answer 4

D is liable when
1) he intentionally
2) either (a) enters the land physically or (b) propels physical objects or a third person onto the land

Question 5

Intentional Torts:
Intentional Infliction of Emotional Distress

Answer 5

1) intentional or reckless conduct
2) that was extreme and outrageous
3) that causes extreme emotional distress (causation)
4) P actually suffers severe emotional distress (damages)

Question 6

Intentional Torts:
Trespass to Chattels & Conversion

Answer 6

Chattels:
1) D intentionally interferes with personal property of another
2) the amount of damage is small

Conversion
1) D intentionally interferes with personal property of another
2) the amount of damage is substantial

Question 7

Intentional Tort Defenses

Answer 7

Consent (may be express/implied)

Apparent - conduct reasonably understood to be consent

Implied by law - occurs in medical emergencies

Question 8

Doctrine of Transferred Intent

Answer 8

intent to harm 1 party can be transferred when:
1) D intends to commit a tort against one particular individual (AND)
2) either
(a) commits a different tort against that person
(b) another person is injured by the same or different tort

(applies to battery, assault, false imprisonment, trespass to land and chattles)

Question 9

Intentional Tort Defenses
Privilege

Answer 9

1)Necessity
2)Self Defense/ Defense of Others
3)Defense of Property
4)Recapture of Chattels
5)Detain for Investigation

Question 11

Negligence:
Prima Facie Case

Answer 11

1) Duty
2) Breach
3) Causation (actual & proximate)
4) Damages