Torts-Intentional Torts

Question 1

Battery

Answer 1

(1) Intentionally causing
(2) harmful or offensive contact to another (or anything connected to that person)

Question 2

Assault

Answer 2

(1) Intentionally causing
(2) reasonable apprehension of an imminent harmful or offensive contact

Question 3

Trespass to Chattel

Answer 3

(1) Intentionally causing
(2) interference with the use of another’s property
(3) remedy = actual damages
*Generally the owner gets it back (or else it’s conversion)

Question 4

Conversion

Answer 4

(1) Intentionally causing
(2) substantial interference with use
(3) that permanently deprives owner of property
(3) remedy = value of property at time of conversion

Question 5

Trespass to Land

Answer 5

(1) Intentionally*
(2) entering the land of another
*NOT intent to trespass/knowledge that trespasser is on another’s land, BUT intent to walk/enter
No damage to land needed

Question 6

Intentional Infliction of Emotional Distress (IIED)

Answer 6

(1) Intentionally (or recklessly/maliciously) engaging in
(2) extreme and outrageous conduct
(3) causing severe emotional distress*
2 parties (P vs D)
*No physical harm needed

Question 7

Bystander Theory of IIED

Answer 7

Bystander can sue for IIED if:
(A) bystander is a close family member; D knows bystander is present; AND bystander suffered emotional distress; OR
(B) bystander suffers physical harm/injury

Question 8

False Imprisonment

Answer 8

(1) Intentionally placing
(2) P in a confined bounded area with no means of escape
(3) P is aware of confinement

Question 9

Shopkeeper’s Privilege

Answer 9

(1) Reasonable belief that shoplifting has occurred
(2) detained in a reasonable manner
(3) reasonable period of time

Question 10

Negligent Trespass to Land

Answer 10

(1) Negligently
(2) entering the land of another
(3) causing physical damage

Question 11

Negligent Infliction of Emotional Distress (NIED)

Answer 11

(1) Negligently causing
(2) P who was in zone of danger
(3) severe emotional distress AND PHYSICAL HARM

Question 12

Bystander Theory of NIED

Answer 12

Bystander can sue for NIED only if:
(1) bystander is a close family member, AND
(2) suffered emotional distress

Question 13

Dead body exception under NIED

Answer 13

If someone is negligent in the handling of a corpse causing severe emotional distress, NO physical harm is needed

Question 14

Transferred Intent

Answer 14

D intended to commit a tort against V, but committed it against P by accident

Question 15

Consent

Answer 15

P gave implied OR express consent
However, D can’t exceed the scope of consent

Question 16

Self-defense

Answer 16

P was in reasonable belief of attack AND used reasonable/proportional force in response

Question 17

Defense of Others

Answer 17

Reasonable belief that third party is about to be attacked

Question 18

Defense of Property

Answer 18

(1) Reasonable force
(2) Reasonable belief to stop invasion of land
(3) CANNOT use deadly force (unless there’s a threat to person)

Question 19

Private Necessity

Answer 19

Defense to trespass, BUT
Still liable for damages to property

Question 20

Public Necessity

Answer 20

Prevent public harm
NOT liable for damages to property