INTENTIONAL TORTS

Question 1

2 Ways of Proving Intent

Answer 1

• purpose or desire of producing consequence, or;

- knows that act is substantially certain to result

Question 2

Transferred Intent

Answer 2

• if D intends an intl tort, that intent satisfies the intent needed for any other intl tort

Question 3

Battery

Answer 3

• intent: CA/maj - only need intent to contact,minor - need intent to cause contact AND intend it to be offensive/harmful
• harmful or offensive: RPP or if D knows of P’s susceptibility, any level of harm
• contact
• w/a person or something closely associated w/that person (cutting hair)
• causation, but no PC because liable whether foreseeable or not

Question 4

Assault

Answer 4

• intent
• to bring about reasonable apprehension
• imminent
• harmful or offensive conduct

Question 5

False Imprisonment

Answer 5

• voluntary act
• intent
• confinement in a bounded area (usually by threat of force)
• against P’s will
• P aware of confinement
• exception: if there is a reasonable means of escape
• exception: shopkeepers priviledge

Question 6

Intl Infliction of Emotional Distress (IIED)

Answer 6

• intent OR reckless, but NO transferred intent
• outrageous conduct
• causation
• severe emotional distress (RPP standard)
• outrageous conduct - conduct that exceeds all bounds tolerated by civilized society (insults are not enough)

Question 7

Trespass to Chattels/Conversion

Answer 7

• trespass: cost of repair or rental value

- conversion: fair market value

Question 8

Trespass to Chattels

Answer 8

• intent to intermeddle with personal property

ie: leaves with denim that he though is his

Question 9

Trespass to Conversion

Answer 9

• intent to exercise dominion and control over the property + in a way that constitutes a substantial interference with P’s property rights