INTENTIONAL TORTS

Question 1

DEFINE TORT

Answer 1

A civil wrong for which the law recognizes legal remedy on behalf of a private individual.
ALWAYS CIVIL (NOT CRIMINAL)
ALWAYS STATE (NOT FEDERAL)

Question 2

DEFINE BATTERY

Answer 2

1 Defendant ACTED
2 with INTENT to cause HARMFUL OR OFFENSIVE CONTACT
3 and that harmful or offensive contact RESULTED

Question 3

2 WAYS TO DESCRIBE INTENT

Answer 3

1 - PURPOSE

2 - KNOWLEDGE TO A SUBSTANTIAL CERTAINTY

Question 4

Does mental incapacity protect from or excuse liability for Battery?

Answer 4

No

Question 5

Does age protect from or excuse liability for Battery?

Answer 5

No

Question 6

Can a very drunk person form intent?

Answer 6

No

Question 7

Is accidental contact Battery?

Answer 7

No

Question 8

_________ separates Battery from Negligence.

Answer 8

INTENT

Question 9

Is generalized intent sufficient to satisfy intent for Battery?

Answer 9

No

Question 10

2 kinds of Transferred Intent

Answer 10

1 - Generalized

2 - Specific

Question 11

Is ACTUAL PHYSICAL CONTACT required for Battery?

Answer 11

No - contact with clothing or object closely identified with the body is enough. (Think Fisher v. Carousel where plate was snatched from black guy)

Question 12

What are PUNITIVE DAMAGES?

Answer 12

PUNITIVE DAMAGES = EXEMPLARY DAMAGES

• Not designed to compensate plaintiff, but rather to punish the defendant and deter others.
• ONLY awarded by JURY
• May be limited by state statute.

Question 13

Who has the burden of proof in tortious actions?

Answer 13

PLAINTIFF

Question 14

Who has the burden of proof in civil actions?

Answer 14

PLAINTIFF

Question 15

Define ASSAULT

Answer 15

1 - a defendant acted with INTENT
2 - to cause HARMFUL OR OFFENSIVE contact
3 - plaintiff had REASONABLE APPREHENSION
4 - defendant had APPARENT ABILITY
5 - to cause apprehension of IMMINENT THREAT of injury

Question 16

Does every Battery include an Assault?

Answer 16

No. (Think: What if defendant struck plaintiff by surprise)

Question 17

Can transferred intent apply in assault cases?

Answer 17

YES

Question 18

Define FALSE IMPRISONMENT

Answer 18

Protects against an individual’s right to MOVE FREELY from PLACE TO PLACE as he/she sees fit.

1 - act INTENDED TO CONFINE within boundaries
2 - resulting in CONFINEMENT (direct or indirect)
3 - other is CONSCIOUS/AWARE of confinement or harmed by it

MOTIVE IRRELEVANT

Question 19

Is a person “stuck” on a boat falsely imprisoned?

Answer 19

YES

Question 20

Is motive relevant in a False Imprisonment case?

Answer 20

NO

Question 21

In a Prima Facie case for Trespass to land, is proof of damages required?

Answer 21

NO

Question 22

Define TRESPASS TO LAND

Answer 22

Irrespective of whether harm (damages) occurs, actor INTENTIONALLY and WITHOUT PRIVILEGE:
1 - enters or causes other person or object to enter land, OR
2 - remains on the land, OR
3 - fails to remove a thing which he is under duty to remove

Question 23

Is it necessary for defendant to know they are on the land? Why or why not?

Answer 23

NO - only necessary that they are there VOLITIONALLY

Question 24

In Trespass to Land, mistaken but _________ entry is “intentional.”

Answer 24

VOLITIONAL

Question 25

In Trespass to Land, entry must be ___________.

Answer 25

TANGIBLE

Question 26

In Trespass to Land, is LIGHT considered an invasion?

Answer 26

NO

Question 27

Define TRESPASS TO CHATTELS

Answer 27

Liability to POSSESSOR if and ONLY IF:
1 - He dispossesses the other of the chattel, OR
2 - the chattel is impaired (condition, quality, or value), OR
3 - possessor is deprived of use for a substantial period of time, OR
4 - bodily harm is caused to possessor or harm is caused to person or thing in which possessor has legally protected interest

Question 28

COMMON LAW definition of CONVERSION

Answer 28

1 - Plaintiff OWNS or has right of POSSESSION
2 - Defendant wrongly DISPOSSESSES Plaintiff
3 - with INTENT
(Defendant’s knowledge of Plaintiff’s ownership or right of possession is NOT REQUIRED)

Question 29

REST 2d. §222A definition of CONVERSION

Answer 29

An intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel. “FOR SALE” IDEA.

Question 30

Define IIED

Answer 30

Defendant's ACT or CONDUCT:
1 - must be INTENTIONAL or RECKLESS
2 - must be EXTREME AND OUTRAGEOUS
3 - must be CAUSE of
4 - SEVERE emotional distress

Question 31

What are 2 policy problems concerning IIED?

Answer 31

1 - Distinguish between true & false claims.

2 - Distinguish between Trifling Annoyance claims and Serious Wrongs.