Intentional Torts

Question 1

Battery

Answer 1

To establish a prima facie case for battery the following elements must be proved

1. An act by the D which brings about Harmful or offensive contact to the P’s person
2. Intent
3. causation

Question 2

Assault

Answer 2

To establish a prima facie case for assault the following elements must be proved:

1. An act by the D creating a reasonable apprehension in P of immediate harmful or offensive contact.
2. Intent on the part of the D to bring about in the P apprehension of immediate harmful or offensive contact and
3. Causation

Question 3

False Imprisonment

Answer 3

To establish a prima facie case for false imprisonment the following elements must be proved:

1. An act by D that confines or restrains the P to a bounded area without their consent
2. intent on the part of the D to confine or restrain the P to a bounded area and
3. causation

Question 4

Intentional Infliction of Emotional Distress

and TP Recovery

Answer 4

To establish a prima facie case for IIED the following elements must be proved:

1. An act by D amounting to extreme and outrageous conduct.
2. Intent on the part of the D to cause the P to suffer severe emotional distress (intentional) OR reckless conduct (exceeds all bounds of decency)
3. Causation
4. damages- severe emotional distress (no physical injury)

BYSTANDER CASES: limited to P’s who are:
Present when injury occurred to other person
Close relative of injured person, and
D KNEW P was present, so that mental distress is likely anticipated by D.

IIED OF A PUBLIC FIGURE NEED TO SHOW MALICE (KNOWLEDGE OF THE FALSITY OF THE STATEMENT OR RECKLESS DISREGARD TO THE TRUTH)

Question 5

Trespass to Land

Answer 5

1. an act of physical invasion on P’s real property by D

• Ignorance is not a defense
• usually only recover nominal damages unless major harm to owner’s property

MUST SHOW ENTRY ONTO LAND WAS INTENTIONAL

Necessity is a defense to trespass to land although private necessity person will be liable for damages

Question 6

Trespass to Chattel

Answer 6

To establish a prima facie case for trespass to chattels the following elements must be proved:

1. An act by D interfering with P’s right of possession in the chattel
2. Intent to perform the act bringing about the interference with P’s right of possession
3. Causation and
4. Damages: price of damages to chattel
   - small harm to property
   - mistaken belief that D owns chattel is no defense

Question 7

Conversion

Answer 7

To establish a prima facie case for conversion the following elements must be proved:
1. An act by D interfering with P’s right of possession in the chattel
2. Intent to perform the act bringing about the interference with P’s right of possession
3. Causation and
4. Damages: an interference that is serious enough in nature to warrant that the D pay FULL VALUE of the chattel (look at price when harm/refusal occurred)
Mistake of ownership no defense (also for trespass to chattels)
Intent to keep is not a necessary element. Its intentional interference with a persons possessory rights in chattel that is so serious as to warrant that D pay full value for the chattel. Doesn’t matter if intended to return, must pay if broke/damaged it.

Note: if damages are at least half the cost of the chattel that can be considered conversion

The degree of interference can determine extent of damages.

Question 8

Defenses

Answer 8

1. Consent (express or implied)
2. disclosure of risks
3. Self Defense/defense of others/defense of property
4. Shopkeepers Privilege
5. Necessity (public and Private)

• Mistake does NOT negate intent whether or not it is reasonable