Torts

Question 1

Battery

Answer 1

Act by the D that causes (or brings about) a harmful or offensive contact w/ the P’s person, intent to cause the harmful or offensive contact, and causation

Intent may be satisfied either when the D’s purpose in acting is to bring about the consequences of his conduct or when the D knowns w/ substantial certainty that the consequences will result.

Question 2

Conversion

Answer 2

Act by the D interfering w/ the P’s right of possession in the chattel, intent to perform the act brining about the interference w/ the P’s right of possession, causation and damages–an interference that is serious enough in nature or consequence to warrant that the defendant pay the full value of the chattel.
Intent to trespass is not required; intent to do the act of interference with the chattel is sufficient for liability

Question 3

False Imprisonment

Answer 3

act or omission on part of D that confines or restrains the P to a bounded area, intent on part of the D to confine or restrain the P, and causation

Question 4

IIED

Answer 4

act by the D amounting to extreme and outrageous conduct; intent on part of D to cause the P to suffer sever ED or recklessness as to the effect of the D’s conduct; causation; and damages in form of severe ED

When D intentionally causes physical harm to 3rd person and the P suffers severe ED bc of their relationship to the injured person, the bystander P can prevail if they prove that they were present when the injury occurred to the other person; that they were a close relative of the injured person; and that the D knew they were present and a close relative

Question 5

Invasion of Privacy

Answer 5

prima facie case for invasion of privacy involving public disclosure of private facts about the P: P must show that the publication was of private info about the P and that it’s public disclosure would be highly offensive to a reasonable person. no liability for public disclosure of matters occurring in a public place

Question 6

Tortious interference w/ contract

Answer 6

P must prove: existence of valid contractual relationship between P and 3rd party or valid business expectancy by P, that the D knew of the relationship or expectancy, that the D intentionally interfered and thereby induced a breach or termination of the relationship or expectancy, and that P suffered damages as a result