Intentional Torts and Defenses

Question 1

What must a plaintiff prove to satisfy the intent requirement?

Answer 1

(1) purpose, or (2) knowledge to a substantial certainty

Question 2

What are the elements of battery?

Answer 2

(1) An intentional act, (2) which brings about physical contact, (3) which is either HARMFUL or OFFENSIVE

Question 3

What are the elements of assault?

Answer 3

(1) An overt physical act by the defendant, (2) of which the plaintiff is subjectively aware, and which is intended to and does create in the plaintiff (3) a REASONABLE APPREHENSION of an IMMINENT battery

Question 4

What are the elements of false imprisonment?

Answer 4

(1) The defendant INTENDED to confine the plaintiff, (2) the plaintiff was CONSCIOUS of the confinement or harmed by it, (3) the plaintiff did not CONSENT to the confinement, (4) the confinement was not OTHERWISE PRIVILEGED

Question 5

Does battery apply if there is no intent to cause harm?

Answer 5

Yes, intent to make contact is sufficient

Question 6

Does a person commit a battery if they touch another person in a crowded place without being rude, insolent, or angry?

Answer 6

No

Question 7

Is “mere preparation” or “threats of future action” assault?

Answer 7

No

Question 8

Does false imprisonment require boundaries fixed by the actor?

Answer 8

Yes

Question 9

Is a person falsely imprisoned if a reasonable escape exists?

Answer 9

No. If the only escape method is unreasonable, the plaintiff is in fact false imprisoned.

Question 10

Which intentional torts can intent transfer between?

Answer 10

Battery, assault, false imprisonment, trespass to land, and trespass to chattels

Question 11

Is insanity a valid defense to intentional torts?

Answer 11

No

Question 12

Is a “good faith mistake” a defense to intentional torts?

Answer 12

No

Question 13

Is “intent to make contact” sufficient for the intent requirement of battery?

Answer 13

Yes

Question 14

Is defendant’s refusal to allow a plaintiff inside somewhere “false imprisonment?”

Answer 14

No

Question 15

To be “conscious of confinement” for purposes of false imprisonment, must a plaintiff recall the imprisonment afterward?

Answer 15

Not necessarily, the plaintiff must have been aware of the confinement at the time it occurred, but does not necessarily need to remember it after the fact

Question 16

Is persuasion to stay in a confined space false imprisonment?

Answer 16

No, even if the persuasion is particularly strong or threatening

Question 17

What are the elements of Intentional Infliction of Emotional Distress? (IIED)

Answer 17

(1) The conduct must be intentional or reckless, (2) The conduct must be extreme and outrageous, (3) there must be a causal connection between the wrongful conduct and the distress, (4) the emotional distress must be severe

Question 18

Does transferred intent apply to IIED?

Answer 18

No

Question 19

How is “extreme conduct” defined for IIED?

Answer 19

“Conduct exceeding all bounds usually tolerated by decent society”

Question 20

What are the elements for Trespass to Land?

Answer 20

(1) An intentional act (2) which causes (3) the physical and unprivileged (4) intrusion of the real property of another

Question 21

Is a mistaken belief that one is not trespassing a defense to trespass to land?

Answer 21

No

Question 22

What are 3 ways one can “intrude” for the purposes of trespass to land?

Answer 22

(a) enter the land, (b) cause another person or object to enter the land, or (c) fail to remove an object or themselves from land after privilege to remain there has expired

Question 23

What are the elements of Trespass to Chattels?

Answer 23

(1) Intentionally intermeddle with a chattel of another, (2) (a) chattel condition quality or value is impaired, OR (b) possessor of chattel is deprived of usage for a substantial length of time, OR (c) bodily harm caused to possessor or to some person or thing possessor has a legally protected interest in

Question 24

Must there be actual damage for a trespass to chattels claim?

Answer 24

Yes, simply intermeddling only satisfies the first element

Question 25

What are the elements of conversion?

Answer 25

(1) Intentional exercise of (2) dominion or control over a chattel (3) which so seriously interferes with the right of the owner to control it that (4) the actor may be required to pay the owner the FULL VALUE of the chattel

Question 26

What are the privileges to intentional torts?

Answer 26

Consent, Self-Defense, Defense of others, Defense of Property, Recovery of Property, Necessity, Authority of Law, Discipline, and Justification

Question 27

Define consent as a privilege in intentional torts

Answer 27

A plaintiff that provides permission to the defendant to commit the otherwise tortious act

Question 28

Define self defense as a privilege in intentional torts

Answer 28

Anyone is privileged to use reasonable force to defend himself against a threatened battery on the part of another

Question 29

Define defense of others

Answer 29

Defendant can use reasonable force to protect others from battery

Question 30

Define Defense of Property

Answer 30

One is privileged to protect their land in a reasonable manner (must reflect the situation)

Question 31

What is the important part of recovery of property as a privilege?

Answer 31

Reasonable force and must be a “FRESH PURSUIT” (such as at a store)

Question 32

What is the difference between public and private necessity?

Answer 32

Public necessity is utilized by a public official to protect the greater public. Some jurisdictions provide compensation for damage. Private necessity is for individuals, but individuals are usually still liable for damage they cause.

Question 33

When should justification be used as a privilege?

Answer 33

As a last resort, and none of the other defenses really fit