Intentional Torts

Question 1

What are the elements for false imprisonment?

Answer 1

1. Causation
2. Intent
3. Act causing P’s confinement
4. P is confined to a bounded area

Question 2

Shoekeeper’s Privilege

Answer 2

Allows a shoekeeper to keep a person they have reason to believe committed theft.

Requirements:
1. Must be kept for a reasonable time.
2. Must be done in a reasonable manner
3. Must have reasonable cause to keep them.

Question 3

What is IIED?

Answer 3

IIED is Intentional Inflection of Emotional Distress. For IIED to have occurred, the P must have suffered severe emotional distress by D’s extreme and outrageous conduct and there must be causation and intent or recklessness.

Question 4

Trespass to Chattel

Answer 4

Elements:

1. Intent
2. Causation
3. Intentionally interferes with P’s right of possession of tangible property – this is a MINOR interference.
4. Damages (cost of repair or rental value)

Question 5

Conversion

Answer 5

Similar elements as trespass to chattel

Elements:

1. Intent
2. Causation
3. Intentionally interferes with the P’s right of possession of tangible property – this is a MAJOR interference.
4. Damages (full market value)

Question 6

What are the defenses to intentional torts?

Answer 6

1. Consent
2. Self defense (includes of self, property and others);
3. Necessity; and
4. Recapture of Chattels

Question 7

What are the requirements for all the self defenses?

Answer 7

1. Reasonable belief that a tort is about to be committed.
2. Proper Timing
3. Reasonable force

Question 8

Is it acceptable to defend property?

Answer 8

It may be acceptable to defend property but the force used must not be more than deadly force.

Question 9

How much force is necessary when defending others?

Answer 9

When using the “defense of others” defense, the force must match the amount of force the person who is being defended would use if they were able to defend themselves.

Question 10

Self Defense

Answer 10

1. No duty yo retreat
2. Only available to initial aggressor if initial threat has been terminated or D responds to non-deadly force with deadly force.

Question 11

What are the two defenses for property?

Answer 11

1. Recapture of Chattel
2. Necessity

Question 12

Elements of Necessity

Answer 12

1. D must have interfered w/ P’s property to avoid immediate threatened injury;
2. The injury must have been more serious than the property interference.

NOTE: there is public and private necessity which impacts if you receive damages.