Intentional Torts

Question 1

What are the intentional torts?

Answer 1

Battery, Assault, False Imprisonment, Trespass to Chattels/Conversion, Trespass to Land, Intentional Infliction of Emotional Distress

Question 2

Affirmative Defenses to Intentional Torts?

Answer 2

Consent (express, Implied (usage/custom like sports)); Protected Privileges (self defense, defense of others, property, public necessity)

Question 3

Definition of Battery

Assault

Answer 3

Battery= intent to cause harmful or offensive harmful bodily contact (harmful=unpermitted)
Assault: reasonable apprehension of imminent bodily contact (does not require fear, just knowledge of imminent bodily contact, must have overt conduct not just words, words can negate immediacy)

Question 4

False imprisonment elements:

Answer 4

Defendant intends an act of restraint to confine P in a bounded area.
P must know or be harmed by the confinement

Question 5

Intentional infliction of emotional distress elements:

Requirement to treat anyone else with more care?

Answer 5

Intent by D to cause severe emotional distress by means of extreme and outrageous conduct. 1) outrageous conduct, 2) plaintiff suffers severe distress. (outrageous=exceeds all bounds of decency tolerated by civilized society.) protected class=elderly, kids, pregnant (knowing they’re pregnant)

Question 6

Trespass to land elements:

Answer 6

1) Intent to enter into P’s property (act of physical invasion) that 2) interferes with P’s exclusive possession of land (whoever has POSSESSION, not owner)

Question 7

Trespass to chattels:

Answer 7

1) act by D interfering with P’s right to possession in chattel 2) intent 3) Causation 4) damages

Question 8

Recapturing Chattel:

Answer 8

When possession began lawfully (letting someone borrow/conditional sale) one may only use peaceful means to recover. Force can only be used to recapture if in HOT PURSUIT of someone who possesses wrongfully.
1) Timely demand first required unless clearly futile/dangerous, 2) only force against wrongdoer or third party who knows of the wrongful possession

Question 9

Entry onto land to recapture: Wrongdoer’s land, innocent person’s land
Mistake allowed?

Answer 9

On wrongdoer’s land: owner is privileged to enter onto land to recapture if during reasonable time and reasonable manner.
Land of innocent party: reasonable time/manner when landowner given notice of chattel and refuses to return chattel
No mistake allowed (shopkeepers have privilege to detain