Intentional Torts

Question 0

Assault

Answer 0

Intentional act that causes P reasonable apprehension of an immediate harmful or offensive contact.
D must desire to cause either the harm or the fear of harm.

Question 1

Battery

Answer 1

Intentional act that causes harmful or offensive contact with P or with something closely connected to him.
D must either:
1. Desire to cause immediate harmful or offensive contact, or
2. Know such contact is substantially certain to occur.

Question 2

False imprisonment

Answer 2

Intentional act that causes
1. P to be confined or restrained to a bounded area against his will,
2. Against his will,
3. P knows of the confinement or is injured.
D desires to confine or knows confinement is virtually certain.

Question 3

False imprisonment methods

Answer 3

1. Use of physical barriers
2. Failing to release P when D has duty to do so,
3. Invalid assertion of legal authority.
   - no time limit.
   - no confinement if there is a clear way out.

Question 4

Intentional infliction of emotional distress

Answer 4

Intentional or reckless act amounting to extreme and outrageous conduct that causes P severe mental distress.
D has intent to cause or negligent in Creating the risk.

Question 5

Extreme and outrageous conduct

Answer 5

Beyond the bounds of decency.

Conduct that a civilized society will not tolerate.

Question 6

Severe mental distress

Answer 6

More than a reasonable person is expected to endure.

Question 7

Intention distress- TP

Answer 7

When Ds conduct is direct at TP, liable to P if:
1. Immediate family member, P present and D knows P is there. Or
2. P can be non relative too of there is bodily harm.
Must be actual damages.

Question 8

Trespass to land

Answer 8

Intentional physical invasion of Ps land.
D has intent to be there, even if he does not realize he crossed a boundary.
Mistake is not a defense.
P must have right of possession.
Liable for nominal damages even if no injury.

Question 9

Trespass to chattels

Answer 9

Intentional act that interferes with Ps chattels causing harm.
Interference means meddling. Less serious than conversion.
* mistake is not a defense.
* must be actual damage.

Question 10

Conversion

Answer 10

Intentional act that cause the destruction of or serious and substantial interference with Ps chattels.
Or exercise by D of dominion or control over Ps chattels.
Longer time and more serious interference than trespass to chattels.

Question 11

Privilege

Answer 11

1. Person affected consents.
2. An important personal or public interest will be protected by the Ds conduct, and it justifys the conducts,
3. Ds must act freely in order to Perform ones essential function.

Question 12

Consent

Answer 12

Defense to intentional tort aS long as Not exceed scope or duration.
Consent found without actual consent when:
1. Emergency necessary to prevent death or injury.
2. A reasonable person would consent and
3. There is no reason to think P would not consent.

Question 13

Self defense

Answer 13

Defense that used degree of force reasonably necessary to avoid the harm threatened by P.
can’t use it when threat has been averted.
Available if a reasonable person in sane circumstances would have believed she was under attack.

Question 14

Defense of others

Answer 14

D can defend TP to extent TP would legally be able to defend them self.
Majority rule: mistake of need to defend or degree of force prevent use of this defense.

Question 15

Defense of property

Answer 15

D permitted to use reasonable force.

Force no greater than necessary.

Question 16

Necessity

Answer 16

Permitted to injure property if necessary to prevent substantially greater injury to public, himself, or his property.
Responsible for damage if private necessity.

Question 17

Shopkeepers privilege

Answer 17

Shopkeeper not liable for false imprisonment if:

1. has reasonable suspicion P stole,
2. Uses reasonable force,
3. Detention in reasonable place and manner.

Question 18

Florida shopkeepers privilege

Answer 18

Available to law enforcement, merchant, farmer or transit agent with probable cause a theft or trespass occurred.
Retail or farm theft, must show property can be recovered.
Detention must be reasonable manner and time.

Question 19

Unintentional entry to land

Answer 19

Not liable for negligent or reckless entry unless there are damages.

Question 20

Misrepresentation

Answer 20

False statement
Scienter (guilty knowledge or uncertainty.) 
Intent to induce P to act
Justiable reliance
Damages