INTENTIONAL TORTS

Question 1

TO ESTABLISH A PF CASE FOR ANY INTENTIONAL TORT, PFF MUST SHOW

Answer 1

1. ACT BY D
2. INTENT BY D (D does not need to intend the specific injury that results; D intends to do the act that causes plaintiff’s injury)
3. D’S ACT CAUSED HARM TO PFF (D’s conduct must be a substantial factor in causing harm to pff)

Question 2

transferred intent

Answer 2

intent to commit a tort against one person is TRANSFERRED to tort actually committed OR to person actually injured

Question 3

limits on transferred intent

Answer 3

can be used only if both tort intended & tort that results are:
- assault, battery (intent to assault is sufficient to establish battery if touching results!)
- false imprisonment
- trespass to land and chattels

Question 4

battery

Answer 4

• harmful/offensive CONTACT (the contact can be squirts of water!)
• D’s contact must be w/ pff’s person (anything connected to pff, including purse)
• intent [to cause the harmful/offensive contact – substantial certainty that contact will result] and causation

*pff can recover nominal damages even if actual damages not proven / NO PHYSICAL HARM NEED BE SHOWN
*pff can recover punitive damages for malicious conduct

Question 5

assault

Answer 5

• creating (1) reasonable apprehension in the pff of (2) immediate battery

*in most cases, words are not enough (but words can NEGATE reasonable apprehension)
*pff can recover nominal damages even if actual damages not proven
*pff can recover punitive damages for malicious conduct

Question 6

false imprisonment

Answer 6

• act or ommission on part of D that confines pff
• pff must be in a BOUNDED area (no reasonable means of escape known to pff)
• intent to confine pff

EXAMPLE: man places physical barrier across entrance to womans office, intending to confine her

*pff must KNOW of confinement/be harmed by it
*duration is not important (brief confinement will be enough)
*pff can recover nominal damages; NO NEED TO SHOW ACTUAL DAMAGES
*pff can recover punitive damages for malicious conduct

Question 7

IIED

Answer 7

• act by D amounting to outrageous conduct
• pff must suffer SEVERE emotional distress from D’s conduct
• intentional conduct to cause π to suffer severe emotional distress or at least reckless

NOTE: that the requirement of physical harm only applies in cases of NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

*unlike for other intentional torts, recklessness as to effect of D’s conduct wiill meet intent requirement
*ACTUAL DAMAGES (SEVERE EMOTIONAL DISTRESS) ARE REQUIRED

Question 8

tresspass to land
(Intentional tort to property)

Answer 8

• physical invasion of P’s property by D
• of the pff’s real property
• intent: D need intend only to enter onto that land, even if by mistake
• ACTUAL DAMAGES NOT REQUIRED

Question 9

trespass to chattels (movable goods)

(Intentional tort to property)

Answer 9

• act by D that interferes with pff’s right of possession in chattel
• intent to do the act that brings about the interference with pff’s right of possession
• ACTUAL DAMAGES is required - from harm to chattel or loss of use —> pff can recover cost of repair of chattel

NOTE: D’s mistaken belief that they own chattel is NOT a defense

Question 10

conversion

(Intentional torts to property)

Answer 10

• act by D that interferes with pff’s right of possession in a chattel
• interference is SERIOUS ENOUGH to warrant that D pay the chattel’s FULL VALUE (e.g., wrongful acquisition/theft; damaging a chattel, etc)
• intent to do the act that brings about the interference
• pff may recover damages (fair market value AT TIME OF conversion) or possession (replevin)

NOTE: mistake as to ownership is NOT a defense

Question 11

after pff recovers fair market value of the chattel converted

Answer 11

the D is given title