Torts Midterm

Question 1

Battery - Act

Answer 1

Manifestation of will; non-reflexive; if person is pushed/propelled the individual who did the pushing committed the act

Question 2

Battery - Intent

Answer 2

To cause a harmful or offensive bodily contact, to cause apprehension of an imminent harmful or offensive bodily contact, knowledge with substantial certainty that the act will cause a harmful or offensive bodily contact or apprehension thereof; can transfer; subjective; defendant liable even if no “harm” occurred

Question 3

Battery - Cause

Answer 3

Defendant is cause of plaintiff’s injury; ‘but for’

Question 4

Harmful or Offensive Bodily Contact

Answer 4

What a reasonable person would find harmful or offensive; objective; plaintiff does not need to suffer actual injury

Question 5

Compensatory Damages

Answer 5

Medical expenses; lost wages (past and future); pain and suffering

Question 6

Punitive Damages

Answer 6

To punish defendant beyond compensating plaintiff

Question 7

Nominal Damages

Answer 7

Trivial sum of money if there is no actual harm

Question 8

Single Intent

Answer 8

Purpose or desire to cause harmful or offensive bodily contact; knowledge with substantial certainty the act will be harmful or offensive

Question 9

Trespass to Land - Act

Answer 9

Actor enters land of another; actor causes object to enter land of another; actor remains on the land of another; actor fails to remove object form land of another

Question 10

Trespass to Land - Cause

Answer 10

But for actions, there would not have been invasion of land of another

Question 11

Trespass to Chattels - Act

Answer 11

Takes possession of chattel without consent; takes possession of chattel by force, duress, bars access, or destroys

Question 12

Trespass to Chattels - Intent

Answer 12

Purpose, desire, or knowledge with substantial certainty interferes with another person’s lawful possession of personal property

Question 13

Conversion

Answer 13

Use of, taking of, alteration of a piece of personal property belonging to someone else without the owner’s consent; intentional destruction or material alteration of a chattel

Question 14

Factors that affect Trespass to Chattel v. Conversion

Answer 14

Extent of time of personal property taken, actor’s good faith, extent and duration of resulting interference with owner’s right of control, harm done to chattel, inconvenience done to actor; conversion is more serious than chattel

Question 15

Conversion - Act

Answer 15

Exercise of, dispossessing another of, using a, or receiving a chattel of another

Question 16

Conversion - Intent

Answer 16

Purpose, desire, or knowledge with substantial certainty another will be dispossessed of, or their chattel will be harmed

Question 17

Conversion - Injury

Answer 17

Interference with chattel or bodily harm

Question 18

Defenses to Conversion

Answer 18

Consent, protection of property, private or public necessity

Question 19

Elements of IIED

Answer 19

Defendant must act intentionally or recklessly; conduct is extreme or outrageous; conduct is cause; severe emotional distress (look for physical symptoms)

Question 20

IIED Defenses

Answer 20

Consent given to act in an extreme or outrageous way; privileged position; situational conduct is appropriate