Torts - Intentional torts

Question 1

Battery

Answer 1

P must show

1. a harmful or offensive contact
2. to P’s person
3. D’s intent and
4. causation

Question 2

Assault

Answer 2

P must show

1. an act by the D which causes reasonable apprehension in P
2. of immediate harmful or offensive contact to P’s person,
3. D’s intent
4. Causation

Question 3

False Imprisonment

Answer 3

P must show
1. an act or omission by D that confines or restrains P
2. to a bounded area
3. D’s Intent
4. Causation
(P must be aware or harmed by confinement)

Question 4

IIED

Answer 4

P must show

1. extreme and outrageous conduct by D
2. intent or recklessness
3. causation
4. damages in the form of severe emotional distress

Question 5

Bystander IIED

Answer 5

P must show

1. P present when injury occurred
2. P is a close relative to V
3. D knew P was present and a close relative

Question 6

Trespass to Land

Answer 6

P must show
1. a physical invasion of P’s real property
2. intent
3. Causation
Note: Negligent or reckless entries are only subject to liability if D causes harm to Land

Question 7

Trespass to Chattel

Answer 7

P must show

1. An act by D that interferes w/P’s right of possession in chattel
2. intent
3. causation
4. damages

Question 8

Conversion

Answer 8

P must show
1. and act by D that interferes with P’s right of possession of chattel
2. which is so serious that D must pay for chattel’s full value
3. Intent
4. Causation
Note: even a BFP of chattel may be guilty when chattel has been stolen from its true owner