Intentional Torts

Question 1

IIED: Standard

Answer 1

• Must prove emotional distress by a clear and convincing standard
• this is compared to the MBE standard of a preponderance of the evidence

Question 2

False Imprisonment: Definition

Answer 2

• An illegal restraint on the plaintiffs freedom (doesn’t require actual physical constraint)

-this is compared to the MBE standard which is the confinement of a P to a bounded area, D intends to confine or knows of substantial likelihood, and P either knows of confinement or is injured

Question 3

False Imprisonment: Burden of Proof

Answer 3

-Once the P makes a prima facie case of False Imprisonment, the burden shifts to the D to provide justification

Question 4

Conversion: Definition and Standard

Answer 4

• any wrongful exercise or assumption of authority . . . over another’s goods depriving him of their possession; [and any] act of dominion wrongfully exerted over
  property in denial of the owner’s right, or inconsistent with it.
• You can charge someone for conversion for intangible goods so long as they are included in a writing; not the case in MBE