Torts - Intentional Overview

Question 1

What questions must you ask yourself for every tort question?

Answer 1

1. Who is the P?
2. Who is the D(s)? Responsible pty?
3. What are P’s injuries?
4. What legal theories can P assert?
5. Make sure that it is a torts question

Question 2

List the intentional torts

Answer 2

• Intentional torts to person
  
  • Battery
  • Assault
  • False Impresionment
  • Inetnitonal Infliction of Emotional Distress - IIED
• Intentional torts to real property
  
  • Trespass to land
  • Nuisance
• Intentional torts to personal property
  
  • Trespass to Chattel
  • Conversion

Question 3

What are the elements of intentional torts?

Answer 3

1. Voluntary Act
2. Intent
3. Causation
4. Harm
5. No Privilege of Defense

Question 4

What is avoluntary act?

Answer 4

D acts in something that is conscious & willed.

Question 5

How is the element of intent satisfied for intentional torts?******

Answer 5

1. Δ desired the consequences or had the purpose to bring about those consequences
2. Δ knew that those consequences were substantially certain to occur

Question 6

What is causation?

Question 7

How is the element of harm/injury satisfied?

Answer 7

• Varies depending on the tort
  
  • some just simply establish the elements
  • some establish specfic injury

Question 8

What are defenses and privileges to intentional torts?

Answer 8

POPCANS

Privilege

Defense of Others

Defense of Property

Consent

Authority

Necessity

Self-Defense