Intentional torts

Question 1

What are the 3 ways to satisfy intent for intentional torts?

Answer 1

(1) purpose intent - D wants his act to cause a harmful result
(2) knowledge intent - D knows with substantial certainty that a harmful result will happen
(3) transferred intent - D intends to inflict a certain tort on someone, but actually causes harm to a different person

Question 2

Under what torts does transferred intent apply? (BAFTT)

Answer 2

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

Question 3

What is a battery?

Answer 3

D intentionally causes harmful or offensive contact with P’s person or something closely connected to the P

Question 4

What are the defenses to battery?

Answer 4

Consent

Question 5

What is assault?

Answer 5

D intentionally causes P to be in reasonable apprehension of an imminent harmful or offensive contact

Question 6

What is false imprisonment?

Answer 6

D intentionally causes P to be confined to a bounded area against P’s will and P knows of the confinement or is injured by it

Question 7

What are the defenses to false imprisonment?

Answer 7

Consent

Question 8

What is intentional infliction of emotional distress (IIED)?

Answer 8

D engages in an intentional or reckless act amounting to extreme and outrageous conduct that causes P severe emotional distress

Question 9

In an IIED action, offensive or insulting language is generally not enough to satisfy the extreme and outrageous element except when:

Answer 9

(1) D is a common carrier/innkeeper;
(2) D knows of P’s particular sensitivity; or
(3) D is an authority figure using racial/ethnic slurs against a subordinate

Question 10

In a false imprisonment claim, if the P is unaware of the confinement, what must P show in order to claim damages?

Answer 10

If P is unaware of the confinement, P can only claim damages if she was injured by the confinement

Question 11

What is trespass to land?

Answer 11

An intentional act that causes a physical invasion of P’s land

Question 12

What are the remedies for trespass to land?

Answer 12

(1) nominal damages
(2) D is liable for the full extent of harm caused by the trespass
(3) If the D acted willfully or maliciously, he may be liable for punitive damages
(4) P can bring an action to have D removed from the property (ejectment)

Question 13

Is mistake a defense to a trespass action?

Answer 13

NO!

Question 14

What is trespass to chattels?

Answer 14

Intentional act by the D that interferes with the P’s chattel, causing harm

Question 15

What are the remedies to trespass to chattels?

Answer 15

Damages: cost of repair, fair market rental value, and potentially punitive damages if D is a particularly bad actor
Replevin: get back personal property of which P has been wrongfully dispossessed

Question 16

What is conversion?

Answer 16

Intentional act by D that causes destruction or a serious and substantial interference with the plaintiff’s chattel

Question 17

Is mistake a defense to conversion?

Answer 17

Nope. D is liable even if she was acting in good faith (i.e. a BFP)

Question 18

Cruella steals Peter’s vase worth $1 million. Cruella then sells the vase to Drake, who pays fair market value. What are Peter’s available remedies?

Answer 18

(1) Peter can sue Cruella for conversion.
(2) If Peter can’t find Cruella, he can sue Drake for conversion.
Either Cruella or Drake would have to pay Peter $1 million or return the vase

Question 19

What are the P’s remedies for conversion?

Answer 19

Forced sale: P can get the fair market value of the chattel at the time of conversion OR
Replevin: Acton brought by P to get his personal property back

Question 20

What are the defenses and privileges to intentional torts? (POPCANS)

Answer 20

(1) privilege
(2) defense of others
(3) defense of property
(4) consent
(5) authority
(6) necessity
(7) self-defense

Question 21

What is the defense of privilege?

Answer 21

In certain circumstances, a D won’t be liable for conduct that would normally subject him to liability.
A privilege may exist where:
(1) the person affected by the D’s conduct consents;
(2) an important private or public interest will be protected by the D’s conduct and this justifies the harm caused or threatened by the D’s conduct; or
(3) D must act freely in order to perform an essential function

Question 22

What is defense of others?

Answer 22

D can defend a third party from an attack by the P to the same extent that the third party would be lawfully entitled to defend himself

Question 23

Under defense of others, what is the reasonable mistake doctrine?

Answer 23

Even if the third party that the D is trying to protect couldn’t have asserted self-defense against the P, D will still be relieved of liability if a reasonable person would have believed that the defense of the third person was necessary to prevent harm to the third person

Question 24

What is defense of property?

Answer 24

D can use reasonable force to defend her real or personal property

Question 25

When is deadly force allowed in defense of property?

Answer 25

NEVER. (unless the situation started with a defense of property and escalated to self-defense/defense of others)

Question 26

What is recapture of chattels?

Answer 26

D can use reasonable, non-deadly force to get back his personal property if:

(1) the person seeking to recapture first requests that it be returned unless a request would be futile; and
(2) D is in hot pursuit

Ex: Dale took Paul’s jacket. Paul saw it and asked for it back. Dale takes off running with the jacket. Paul can chase Dale and use reasonable force to get it back.

Question 27

What is the consent defense?

Answer 27

Even though D has otherwise committed an intentional tort, he isn’t liable because the P consented to it

Question 28

How can a plaintiff consent to a tort?

Answer 28

Express: affirmatively gives D permission to act (but D’s act can’t exceed the scope of consent)
Implied: reasonable person interprets D’s conduct as giving permission to act (often in contact sports like football or boxing or where there is an emergency)

Question 29

When is consent not effective as a defense?

Answer 29

(1) mistake - when it goes to the consequences or nature of the act
(2) fraud - where the D induced the plaintiff as to the essential nature or consequence of the action
(3) duress - where P was induced by threat of imminent harm
(4) incapacity - especially young children and mentally disabled

Question 30

What is the authority defense?

Answer 30

(1) Arrest by police officer is allowed if the officer reasonably believes D committed a felony or for a misdemeanor, if there was a breach of the peace
(2) shopkeeper’s privilege
(3) parent/teacher discipline to a child

Question 31

What is the necessity defense?

Answer 31

D can injure the plaintiff’s property if doing so is reasonably necessary to avoid a substantially greater harm to the public, to himself, or to his property

Question 32

For a private necessity, is the D still liable for any damages?

Answer 32

D won’t be liable for the technical tort committed, but will have to pay for any harm he caused to plaintiff’s property

Question 33

What is self-defense?

Answer 33

Defendant honestly and reasonably believes he used reasonable force to prevent P from committing an imminent and unprivileged attack on him.
Reasonable force = proportionate force.
You can’t use deadly force against non-deadly force.
No retaliation: once the threat is over, the defense won’t work anymore