intentional torts

Question 1

when is intent satisfied

Answer 1

when the offender either (1) desires the consequences of his act or (2) when he knew the consequences were substantially certain to result from his act

Question 2

what is transferred intent

Answer 2

intent can transfer from one tort to anohter or from one person to another (never for IIED though)

Question 3

what are the elements for a battery

Answer 3

1. purpose or substantial certainty of contact that is harmful or offensive
2. there’s a touching of the plaintiff’s person or contact with something closely connected to the person
3. damage is not required, but the contact must be harmful or offensive to a reasonable person

Question 4

what are the elements for an assault

Answer 4

1. intent to create a reasonable apprehension of an imminent battery
2. tortfeasor must reasonably appear to have the apparent means to complete the battery

Question 5

what are the elements for false imprisonment

Answer 5

1. purpose or substantial certainty of confinement
2. actual, complete confinement (reasonable means of escape will eliminate liability)

Question 6

what are the elements to trespass to land

Answer 6

1. purpose or substantial certainty to enter the property of another (defendant need not know the property belongs to another)
2. physical entrance onto the land of another

if party is in good faith, only responsible for actual damages; if in bad faith, responsible for nominal damages even if there’s a lack of actual damage

Question 7

what are the elements of trespass to chattel and conversion

these are analyzed together because damage to a chattel requiring a forced sale creates a conversion while lesser damages create a trespass to chattel

Answer 7

1. intent to interfere with the owner’s dominion or use and enjoyment of the chattel
2. substantial dominion or damage to the chattel of another must be shown; the extent of severity dictates whether conversion or trespass to chattels applies

Question 8

what are the damages for conversion

Answer 8

value of the chattel

Question 9

what are the damages for trespass to chattel

Answer 9

compensation for damage or use (e.g., lost rental value)