Intentional Torts

Question 1

Intentional Torts: Three Elements

Answer 1

Acts, Intent, Causation

Question 2

Battery: Definition

Answer 2

D caused a harmful or offensive contact with another and acted with the intent to cause the contact

Question 3

Battery: Harmful Definition

Answer 3

Contact that causes injury/pain to the person

Question 4

Battery: Offensive Definition

Answer 4

Contact that a normal, reasonable person would find offensive

Question 5

Battery: Intent

Answer 5

The D must have intended the contact

Question 6

Battery: Damages

Answer 6

Actual, nominal, or punitive (if the battery was done with malice)

Question 7

Battery: Negation

Answer 7

Battery is negated by express or implied consent

Question 8

Types of Intentional Torts

Answer 8

Battery, Assault, IIED, Trespass (to Chattels, Conversion, and to land), False Imprisonment

Question 9

Assault: Definition

Answer 9

D engaged in an act that caused a reasonable apprehension of imminent harmful/offensive contact, and the D intended to cause such an apprehension or contact

Question 10

Assault: Apprehension

Answer 10

Must be reasonable

Question 11

Assault: Imminence

Answer 11

The potential harm must not be without delay; must be imminent lol

Question 12

Assault: Intent

Answer 12

The D must have intended to cause the apprehension or the contact

Question 13

IIED: Definition

Answer 13

D intentionally or recklessly engaged in an extreme and outrageous conduct that caused the P severe emotional distress

Question 14

IIED: Intent

Answer 14

the D must have intended to cause the IIED, or have been reckless in regard to it

Question 15

IIED: Extreme/Outrageous

Answer 15

Generally defined as acts intolerable in a civil society

Question 16

IIED: Public Officials/Other Issues

Answer 16

• Public officials have to show actual malice in order to recover
• there are some bars to whether or not someone can assert an IIED claim under the 1st amendment if the claim revolves around a matter of public concern

Question 17

False Imprisonment: Definition

Answer 17

D intends to confine a person within a fixed boundaries, the actions directly result in the confinement, and the P is conscious of the confinement or was harmed by it

Question 18

False Imprisonment: Intent

Answer 18

D must intend to confine or know that confinement is substantially likely

Question 19

False Imprisonment: Bounded Area

Answer 19

Can be large or moving

Question 20

False Imprisonment: Confinement

Answer 20

Force, threats, legal authority, actually confine someone, not letting someone have a reasonable means of escape all count

Question 21

Trespass to Chattels: Definition

Answer 21

An Intentional interference with the P’s right to possess personal poetry by disposing the P of the chattel or using/intermeddling with it, or damaging it

Question 22

Trespass to Chattels: Intent

Answer 22

Intent to do the interfering act

Question 23

Trespass to Chattels: Damages

Answer 23

Actual, nominal

Question 24

Conversion: Definition

Answer 24

Intentionally depriving the P of chattel in a manner so serious as to deprive the P entirely of it.

Question 25

Conversion/ Trespass to Chattels Factors

Answer 25

Harm, Duration, Good Faith, D's intent, Expense

Question 26

Trespass to Land: Definition

Answer 26

D intentionally causes physical invasion of someones land

Question 27

Trespass to Land: Private Necessity

Answer 27

- when someone is escaping something and trespasses into land as a result - they are still liable for actual damages to the land - but you cannot shoo them away

Question 28

Trespass to Land: Public Necessity

Answer 28

- when people trespass onto land in order to prevent a public calamity - there is no liability for damages of any kind

Question 29

Nuisance: Public

Answer 29

something that interferes with the rights common to the public

Question 30

Nuisance: Private

Answer 30

Something that interferes with your enjoyment of the property

Question 31

Defenses: Consent Types

Answer 31

Actual and Implied

Question 32

Defenses: Actual Consent

Answer 32

Given by words and actions (even if done mistakenly)

Question 33

Defenses: Implied Consent

Answer 33

- When silence can be presumed given the circumstances to be acceptance - ex: if someone is in need of emergency services, athletes by nature of competing, when two people consent to fight

Question 34

Defenses: Capacity

Answer 34

Kids, Incapacitated, Intoxicated sometimes have different standards

Question 35

Defenses: Self Defense Application

Answer 35

Applies to: - Yourself (you can use reasonable force to defend against bodily harm) - If youre helping others who are in danger - defending property (reasonable force) - Reclaiming Chattels (reasonable force)

Question 36

Defenses: Self Defense Non-Application

Answer 36

Does not Apply to: - Using Deadly Force (unless someone is giving you deadly force) - reclaiming land (use cops)

Question 37

Defenses: Parents

Answer 37

They can beat their kids, legally :(

Question 38

Defenses: Private Citizen Arrest

Answer 38

- If a felony has occurred and they think the D has done it - But they have to be right, if they are wrong as to either, they are liable for actual damages

Question 39

Defenses: Cop Arrest

Answer 39

- If a felony has occurred and they think the D has done it - Even if they are wrong as to the identity of the perpetrator, they are not liable for damages