Intentional Torts

Question 1

What are the elements of Battery?

Answer 1

1. An intent to cause another person harm/offence through physical contact
2. A voluntary act to do that

Question 2

If one doesn’t know that their actions will cause harm, is it battery?

Answer 2

No, but difficult to prove

Question 3

What are the elements of Assault?

Answer 3

1. An act that would reasonably put a person of ordinary moral courage in a reasonable apprehension of harm
2. The person actually does apprehend harm

Question 4

Can words alone constitute assault?

Answer 4

yes

Question 5

Joe throws a stone at Billy’s head. At the last moment, Billy looks down. The stone flies over Billy, and Billy never notices the stone. Has a tort occurred?

Answer 5

No

Question 6

What constitutes an act?

Answer 6

any action that is voluntary. ex. a sneeze is probably not voluntary

Question 7

could reasonable apprehension of a reflex make the reflex into an act?

Answer 7

yes

Question 8

what constitutes “contact” in the context of battery?

Answer 8

any particulate matter

Question 9

can negligent contact be turned into a battery?

Answer 9

Yes, if there was an intent to batter someone else. this is transferred intent. Baska case

Question 10

what are the 3 torts relating to property?

Answer 10

1. Trespass to land
2. Conversion of chattels (theft)
3. Trespass to chattles

Question 11

what are the elements of trespass to land?

Answer 11

1. Plaintiff must prove an ownership/possessory interest in the land
2. Prove an intentional invasion/intrusion/entry by the defendant, that
3. Proves a harm upon the plaintiff’s exclusive possession

Question 12

for trespass to land, does the defendant need to have known that the land belonged to the plaintiff?

Answer 12

No. Mere intentional entry of the land is enough

Question 13

What is the difference between trespass and nuisance?

Answer 13

Tresspass is the physical invasion of land whereas nuisance is only interference with the land-owner’s enjoyment of their land

Question 14

Johnny likes to blast his music at 2am on Thursday nights, to the annoyance of his downstairs neighbour. What tort could this be?

Answer 14

Nuisance

Question 15

Assuming Johnny did not build his apartment, what if the vibrations cause the floor to give way, and the entire sound system falls into the lower apartment. What tort could this be?

Answer 15

Most likely none. The only possible tort could be negligent construction on the part of the apartment-builder, UNLESS Johnny unreasonably delays in cleaning up his sound system, in which case this would be a trespass to property.

Question 16

What is the general remedy for trespass to property?

Answer 16

Usually damages are for repair if the property was damaged, and any non-ecomomic damages for emotional distress. If the peorpety is undamaged, the playoff can still be awarded nominal damages.

ALSO inductive damages can be awarded prohibiting people form re-entering the land if there is evidence that the defendant likes to invade the plaintiff’s property often

Punitive damages are available if there is evidence that the trespass was malicious

Question 17

What is the proper language to refer to the tort for theft of personal peorpety, and what is it’s remedy?

Answer 17

The tort is referred to as Trover, for the act of conversion of chattles

Question 18

What are the elements of Trover?

Answer 18

1. Intent to exercise substantial dominion over chattlethat belongs to someone else
2. an act to do just that

Question 19

Does trover include acts of destruction of another person’s property?

Answer 19

yes

Question 20

Does the tortfeasor have to know that the property belongs to someone else/is wrong?

Answer 20

no

Question 21

What factors are used in measuring “substantial dominion” over personal property?

Answer 21

o Extent and duration of control
o The defenders intert to assert a right to the property
o The defendents good faith
o The harm done
o Exepsne or inconvenicne caused

Question 22

Johnny mistakenly takes Alex’s bike. He then pawns it to Joe, who sells it to Sally. Who can Alex file a claim against and recover from?

Answer 22

Alex can sue Johnny, Joe, or Sally for the value of the bike. The catch is that he can only recover once

Question 23

For recovering Trover claims, how is the value of the stolen item determined?

Answer 23

The court asks what the value of the item was at the time of conversion. Or, some courts will allow its highest market value to be used within a reasonable amount of time from the conversion (ex. for volatile items, such as stocks)

Question 24

What is the difference between trover and trespass to chattles?

Answer 24

Trover is the more serious taking/theft of personal property, whereas trespass to chattles is mere interfearnce of an owner’s ability to enjoy their property. Ex. spilling paint on a valuable artwork

Question 25

What are the elemtns of trespass to chattles?

Answer 25

1. the tortfeasor intentionally…
2. and without justification.consent
3. physically interfered with the use/enjoyment of property in the plaintiff’s possession, and
4. that interference resulted in harm to the planitff

Question 26

What does a Sec1983 suit do?

Answer 26

It holds State agencies liable for torts committed by state officials which constitute a breach of a persons Federal rights

Question 27

Does sec1983 apply to Federal officials?

Answer 27

no

Question 28

What is the main requirement for a sec1983 claim?

Answer 28

The state official must have acted “under the color” of a state law/agency when they committed their tort. IE, they must have acted under authority granted to them by the state

Question 29

What are the elements of false imprisonment?

Answer 29

• An act
• With intent
• To confine plaintiff
• To an area the bounds of which are set by the Defendant
• Plantiff is aware of confinement or hamred by confinement