Intentional Torts

Question 1

Specific intent

Answer 1

intending to bring about specific consequences.

Question 2

General Intent

Answer 2

actor knows with “substantial certainty” that these consequences will result.

Question 3

Transferred intent

Answer 3

I. (only applies to assault, battery, false imprisonment, trespass to land, trespass to chattels). The intent to commit a certain tort against one person is ‘transferred’ to the tort actually committed or to the person actually injured for purposes of establishing a prima facie case.

a. Applies when D intends to commit a tort against one person but instead
i. commits a different tort against that person
ii. commits intended tort but against a different person
iii. commits a different tort against a different person.

Question 4

ASSAULT

Answer 4

i. Intent
ii. Act that causes reasonable apprehension
iii. Of an immediate harmful or offensive contact/touching

b. Apprehension = knowledge; apprehension ≠ fear
i. Asleep/not looking = not assault
ii. Words alone insufficient unless threat of harm is imminent
iii. Words can negate imminence (eg I will kill you in 3 weeks)

Question 5

BATTERY

Answer 5

i. Intent
ii. Act that causes a harmful or offensive contact

b. Asleep = yes, battery
c. If D intends to assault and batters = liable for battery
d. Consent will be implied for the ordinary contacts of everyday life
e. Anything connected to P’s person

Question 6

FALSE IMPRISONMENT

Answer 6

i. Intent
ii. Act or omission that causes P to be confined to a bounded area with no reasonable means of escape
iii. P is aware of OR harmed by the confinement
iv. Defense: shopkeeper’s privilege
a. Omission can occur when there is a pre-existing duty to act

Question 7

Shopkeeper’s Privilege

Answer 7

Privilege to detain in a reasonable way and for a reasonable period of time, if D believed that they reasonably were in possession of shoplifted goods.

Question 8

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Answer 8

i. Intent (or reckless disregard)
ii. An act by D amounting to extreme and outrageous conduct
iii. Causing severe emotional distress to P

a. Physical injury not required (humiliation/grief = ok for recovery)
b. May become outrageous if it is:
i. Continuous/repeated
ii. Directed toward a certain type of P (children, pregnant women, elderly, supersensitive Ps whose super-sensitivities are known to D)
iii. Committed by a certain type of D (innkeepers and common carriers liable for even “gross insults”

Question 9

3rd Party Recover for IIED

Answer 9

3rd Party Recovery/Bystanders–may recover IF:

i. Present when injury occurred
ii. A close relative of injured person AND
iii. D was aware that 3P was present and was a close relative.
iv. (IF 3P is NOT a relative, 3P MUST suffer physical harm to recover!)