Intentional Torts

Question 1

Intent

Answer 1

1) D has the purpose of producing the consequence; or

2) D knows to a substantial certainty that the consequence will ensue from the person’s conduct.

Question 2

Transferred Intent

Answer 2

If D intends to commit one intentional tort, and instead of or in addition to, another intentional tort occurs, the court will find that D intended for the second tort as well. Also applies when D intends to harm one party but ends up harming another.

Question 3

Assault

Answer 3

1) An intentional act

2) that causes another to be placed in reasonable apprehension of imminent harmful or offensive contact.

Question 4

Battery

Answer 4

1) An intentional act

2) that actually causes harmful or offensive contact with another person

Question 5

Intentional Infliction of Emotional Distress

Answer 5

1) extreme and outrageous conduct
2) intent
3) causation
4) P suffers severe emotional distress

Question 6

False Imprisonment

Answer 6

1) Willful Detention
2) Performed without consent or authority of law
3) Actual confinement
4) P is aware OR harmed by it

Question 7

Conversion

Answer 7

1) An intent
2) to exercise of dominion or control over a chattel
3) which so seriously interferes with the right of another to control it.

Question 8

Factors to determine Conversion

Answer 8

1) Extent and duration of the actor’s exercise of dominion or control
2) Actor’s intent
3) Actor’s good faith
4) Extent and duration of the resulting interference with the other’s right to control
5) Harm done to the chattel
6) Inconvenience and expense caused to the owner.

Question 9

Trespass

Answer 9

1) Intent to enter real property
2) Tangible Intrusion
3) Physical Harm not Required

Question 10

Attractive Nuisance Doctrine

Answer 10

1) D knows or has reason to know that children will be there
2) D knows or has reason to know that premises dangerous
3) Children don’t recognize risk due to youth.
4) Utility of maintaining and burden of eliminating danger slight v. risk to children.
5) Failure to exercise reasonable care

Question 11

Defenses to intentional torts

Answer 11

Consent
Self-Defense
Defense and Recovery of Property
Necessity

Question 12

Consent

Answer 12

1) Can be expressed or implied
2) Can be negated by law (children can’t consent to sex)
3) Can be implied by law (emergency care)

Question 13

Self-Defense

Answer 13

Must be immediate threat (even if mistaken) and reasonable response

Question 14

Defense of Others

Answer 14

If they have a right to defend themselves, you have a right to go to their aid.

Question 15

Duty to retreat?

Answer 15

No duty to retreat when faced with bodily harm or death.

Question 16

Defense and recovery of Property

Answer 16

One may use reasonable force to prevent damage to one’s real property, but unlike self-defense, reasonable mistake will not excuse force directed against an innocent party.

1) Use of deadly force is not justified in protection of property
2) Value of human life outweighs property
3) Mechanical devices not allowed

Question 17

Necessity

Answer 17

Allows one to interfere with the property interests of another in order to avoid greater injury.

Question 18

Necessity Factors

Answer 18

1) D must have acted under the reasonable relief there was danger of imminent injury to P or others.
2) Right to confine a person to prevent harm (only as long as necessary)
3) Actor must use the least restrictive means of preventing apprehended harm

Question 19

Private Necessity

Answer 19

D has the right to interfere with P’s property in order to mitigate or avoid an imminent private harm or injury arising from natural occurrence or some event unrelated to the P’s use of property

Question 20

Public Necessity

Answer 20

D has the right to interfere with P’s property in order to avoid imminent social injury.