Intentional Torts

Question 1

Intentional Tort Elements

8 Intentional Torts

Answer 1

1. Act (volitional) +
2. Intent (purpose or sub. certainty) +
3. Causation (sub. factor)

Battery, Assault, False Imprisonment, IIED,
Trespass to Land, Trespass to Chattels, Conversion, Nuisance

Question 2

Battery

Answer 2

1. ∆ act bringing harmful or offensive (unpermitted) contact with π’s person (holding, touching, connected) +
2. ∆ intent to cause such contact +
3. Causation (sub. factor)

Question 3

Assault

Answer 3

1. ∆ act creating π’s reas. apprehension (knowledge required, but not fear) of an imminent (conduct required, mere words insufficient) battery +
2. ∆ intent to cause such apprehension +
3. Causation (sub. factor)

Question 4

False Imprisonment

Answer 4

1. ∆ act of physical restraint (threat sufficient if imminent) confining (π must be aware of or harmed by, length irrelevant) π to bounded area (not if reasonably discoverable means of escape that is not hidden, dangerous, disgusting or humiliating) +
2. ∆ intent to confine +
3. ∆ Causation (sub. factor)

*Defense = Shopkeeper’s Privilege

Question 5

Shopkeepers Privilege

Answer 5

Defense to False Imprisonment
Can detain if (1) reasonably believe he committed theft, (2) detention conducted in reasonable manner, and (3) detained only for a reasonable amount of time for purposes of investigation

Question 6

IIED and Outrageous Conduct

Answer 6

1. ∆ act of extreme and outrageous conduct +
2. ∆ intent (or reckless) to cause ED +
3. Causation (sub. factor) +
4. Damages (ED)

• Outrageous Conduct: exceeds all bounds of decency tolerated in a civilized society
• -Not mere insults
• -Yes to advance knowledge + targeting
• -+ Factors: repetitive, innkeeper, common carrier, π fragile class (old, kid, pregnant)

Question 7

Trespass to Land

Answer 7

1. ∆ act of physical invasion (enter, throw, flow, chase) of ∆’s land (air/soil) +
2. ∆ intent to do act of invasion (don’t need to intend to trespass) +
3. Causation (sub. factor)

Question 8

Trespass to Chattels

Answer 8

1. ∆ act of interference w/ ∆’s right of possession of personal property +
2. ∆ intent to do act of interference +
3. Causation (sub. factor) +
4. Damages

Mistake not a defense
Remedy: repair cost

Question 9

Conversion

Answer 9

1. ∆ act of interference w/ ∆’s right of possession of personal property so substantial as to warrant paying full value +
2. ∆ intent to do act of interference +
3. Causation (sub. factor) +
4. Damages

Mistake not a defense
Remedy: FMV

Question 10

Intentional Tort Defenses

Answer 10

Consent x2 (Express, Apparent)
Necessity x2 (Public, Private)
Defense x3 (SD, D-O, D-Prop)

Question 11

Consent

Answer 11

Express: direct grant of permission (negated by fraud/duress)

Apparent: ∆ reas. inference based on π’s objective conduct (includes sports)

Question 12

Necessity

Answer 12

Public: absolute privilege to interfere w/ other’s property to prevent imminent harm to community / large group

Private: qualified privilege to interfere w/ other’s property to prevent imminent personal harm (tort excused, but must pay damages) (owner must allow trespasser to remain until necessity over or is liable)

Question 13

Defense

Answer 13

1. Imminent threat +
2. Reasonable belief threat is genuine +
3. Reasonable use of force

Def. of Prop.: (1) must first request desist unless futile/dangerous; (2) no force that could cause sig. bodily injury; (3) superseded by privilege (necessity)

Recapture Chattel:

• -Taker’s possession began lawfully: only use peaceful means.
• -Use of force only when in hot pursuit of one who obtained possession wrongfully

Question 14

Nuisance

Answer 14

Substantial and unreasonable interference with π’s use and enjoyment of property

• Objective
• Unreasonable = injury gravity > utility of conduct