Intentional Torts

Question 1

Define Elements

Battery

Answer 1

1. Intent to make
2. Harmful or offensive contact

Question 2

Define Elements

Assault

Answer 2

1. Intent to cause
2. Reasonable apprehension of an IMMINENT harmful or offensive contact

Question 3

Define Elements

Trespass to Chattel

Answer 3

1. Intent to
2. Interfere with use of another’s chattel

Question 4

What is the remedy for Trespass to Chattel?

Answer 4

Actual damages or harm caused

Question 5

Deine Elements

Conversion

Answer 5

1. Intent to
2. Substantial Interfere with use another’s property

Question 6

What is difference between Trespass to Chattel and Conversion?

Answer 6

• trespass to chattel: you get your stuff back
• conversion: interference was so substantial it’s gone

Question 7

What is the remedy of Conversion?

Answer 7

Full value of property at the time of conversion

Question 8

Define Elements

Trespass to Land

Answer 8

1. Intent (consciously walking to the land is sufficient)
2. Physical invasion of land

Question 9

Define Elements

Intentional Infliction of Emotional Distress (IIED)

Answer 9

1. Intent or Recklessness
2. Extreme & Outrageous Conduct (beyond human decency, outrageous)
3. Severe Emotional Distress

Public figures must show falsity and actual malice
No transferred intent

Question 10

Define Elements

IIED Bystander Rule for Close Family Member

Answer 10

1. Close Family Member
2. Defender knows Close Family is standing there
3. Severe Emotional Distress

Question 11

Define Elements

IIED Bystander Rule for Non-Family Member

Answer 11

Bystander must suffer PHYSICAL harm (bodily injury)

Question 12

Define Elements

False Imprisonment

Answer 12

1. Intent to put you in
2. Confined, bounded area
3. Plaintiff is Aware of Confinement

majority: actual damages unnecessary
unlocked room is not confinement

Question 13

What is the exception to False Imprisonment?

Answer 13

Shopkeeper Privilege

Question 14

Shopkeeper Privilege

Answer 14

1. Merchant has reasonable suspicion that someone is stealing from them
2. Detain for a reasonable period of time in a reasonable manner

Question 15

What are the two negligent versions of intentional torts?

Answer 15

1. Negligent Trespass to Land
2. Negligent Infliction of Emotional Distress

Question 16

Negligent Trespass to Land

Answer 16

1. Negligently enter land of another
2. Liable for damage to land

Question 17

Negligent Infliction of Emotional Distress

Answer 17

1. Negligent Conduct
2. Plaintiff was in Zone of Danger (feared for safety)
3. Sever Emotional Distress and Physical Symptoms (minority: no physical manifestation of harm needed)

Question 18

NIED Bystander Rule

Answer 18

1. Close Family Member
2. Emotional Distress and Physical Symptoms

Must be present at the scene

Question 19

Mishandling of a Coprse

Answer 19

1. Negligent handling of a corpse
2. No physical harm required

Question 20

Transferred Intent

Answer 20

Defendant intents to commit a tort but commits:
1. a different tort OR
2. the same tort against a different person

Question 21

What are the list of torts in which** transferred intent ** apply?

Answer 21

1. Assault
2. Battery
3. False Imprisonment
4. Trespass to Land
5. Trespass to Chattel

Question 22

What are the defenses to Intentional Tort

Answer 22

1. Consent
2. Self Defense
3. Defense of Others
4. Defense of Property
5. Private Necessity
6. Public Necessity

Question 23

Consent

Answer 23

1. Implied or Express
2. Cannot exceed Scope of Consent

Question 24

Self-Defense

Answer 24

1. Reasonable belief that someone is going to hurt you
2. Respond with same amount of force

Question 25

Defense of Others

Answer 25

Reasonable belief third party will be be attacked

Question 26

Defense of Property

Answer 26

1. Reasonable Force 2. reasonable belief to stop the invasion of land 3. CANNOT use deadly force!

Question 27

Private Necessity

Answer 27

- Necessary to trespass - Liable for damages to property

Question 28

Public Necessity

Answer 28

- necessary to trespass to prevent PUBLIC harm - NOT liable for damages to property