Intentional torts

Question 1

Battery

Answer 1

Battery occurs when a defendant causes a harmful or offensive contact w/ the person of another and acts w/ the intent to cause that contact or apprehension of that contact.

Question 2

Assault

Answer 2

Assault occurs when the defendant causes reasonable apprehension of imminent harm or offensive contact and intends to cause either the apprehension of contact or the contact itself.

Question 3

Intentional infliction of emotional distress

Answer 3

IIED occurs when the defendant intentionally or recklessly engages in extreme and outrageous conduct that causes the plaintiff severe emotional distress.

Question 4

False imprisonment

Answer 4

False imprisonment occurs when the defendant intends to confine or restrain another w/in fixed boundaries; the actions directly or indirectly result in confinement; and plaintiff is conscious of the confinement or harmed by it.

Question 5

Consent

Answer 5

Express consent - The plaintiff, by words or actions, manifests the willingness to submit to the defendant’s conduct.

Implied consent - The plaintiff’s silence and continued participation can reasonably be construed as consent.

Question 6

Self defense

Answer 6

A person may use force that is proportionate to defend against an offensive contact or bodily harm.

Question 7

Defense of others

Answer 7

A person may use reasonable force in defense of others if the victim would’ve been entitled to use self defense.

Question 8

Defense of property

Answer 8

Reasonable force may be used if the person reasonably believes it is necessary to prevent tortious harm to the property.

Question 9

Privilege of arrest

Answer 9

Private citizen - A private citizen is permitted to use reasonable force to make an arrest if a felony has actually been committed, and the citizen has reasonable grounds to suspect that the person being arrested has committed the felony.

Police - The police must reasonably believe that a felony has been committed and that the person arrested committed it.

Question 10

Trespass to chattels

Answer 10

An intentional interference w/ the plaintiff’s right to possess personal property either by dispossessing the plaintiff; using or intermeddling w/ the chattel; or damaging the chattel.

Question 11

Conversion

Answer 11

Intentionally committing an act depriving the P of possession of the chattel or interfering w/ the plaintiff’s chattel in a manner so serious as to deprive P of its use.

Question 12

Trespass to land

Answer 12

Defendant intentionally causes a physical invasion of someone’s land.

Question 13

Private necessity

Answer 13

A person may enter onto another’s land to prevent an injury or other severe harm. The defendant must pay for damages caused.

Question 14

Public necessity

Answer 14

Private property is intruded upon or destroyed when necessary to protect a large number of people.

Question 15

Private nuisance

Answer 15

An activity that substantially and unreasonably interferes w/ another’s use and enjoyment of land.

Question 16

Public nuisance

Answer 16

An unreasonable interference w/ a right common to the public as a whole. A private individual, generally, cannot recover unless the individual suffered a harm different from the public.

Question 17

What are the TI torts?

Answer 17

Battery
Assault
False imprisonment
Trespass to land
Trespass to chattels

Question 18

Defense for battery?

Answer 18

Consent - There is no battery if the plaintiff provided express or implied consent.

Question 19

Battery elements?

Answer 19

Harmful - Causes an injury, pain, or illness.
Offensive - Offensive to a person of ordinary sensibilities.
Contact
W/ the person of another
Intent - Must intend to cause the contact.
Damages - No proof of actual harm is required. Punitive damages are available if the defendant acted outrageously or w/ malice.

Question 20

Assault elements?

Answer 20

Plaintiff’s apprehension - Must be reasonable and plaintiff must be aware of the defendant’s action.
Imminent - Must be w/o significant delay.
Intent - Must intend to cause either the apprehension of imminent harm or offensive contact, or the contact itself.
Damages - No proof of actual damages is required. P can recover for damages for harm that flowed from the assault, or punitive damages.

*Generally, mere words do not constitute assault. However, if the defendant is able to carry out the threat imminently and takes action to put the V in a state of apprehension, then there may be an assault.

Question 21

IIED elements?

Answer 21

Intent - D must intend to cause severe emotional distress, or act w/ recklessness as to the risk of causing severe emotional distress.
Extreme and outrageous conduct - Conduct that exceeds the limits of human decency so as to be intolerable in a civilized society.
Causation - D’s actions must have actually caused P’s harm.
Damages - P must prove severe emotional distress beyond what a reasonable person should endure. Physical injury is not required.

Question 22

IIED for immediate family member

Answer 22

An immediate family member of the V who is present at the time of the conduct and perceives the conduct may recover for IIED. Physical injury is not required.

Question 23

IIED for bystander

Answer 23

A bystander can recover for IIED if present at the time of the conduct; perceives the conduct; and suffers distress that results in bodily injury.

Question 24

False imprisonment elements?

Answer 24

Confined w/in bounded area
Methods of confinement - Physical barriers; threats; or invalid use of legal authority.
Intent - D must act w/ the purpose of confining the P, or knowing that P’s confinement is substantially certain to result.
Damages - P can recover nominal and actual damages.

Question 25

Shopkeeper’s privilege

Answer 25

A shopkeeper can, for a reasonable time and in a reasonable manner, detain a suspected shoplifter.

Question 26

What are the defenses for IT for personal injury?

Answer 26

1. Consent (express or implied)
2. Self defense, defense of others, defense of property
3. Privilege of arrest (private citizen or police)

Question 27

Trespass to chattels elements?

Answer 27

Definition
Intent - The intent to do the interfering act.
Damages - Actual damages resulting from the loss of use or cost of repair.

Question 28

Conversion elements?

Answer 28

Definition
Intent - The intent to commit the act that interferes.
Damages - P can recover the chattel’s full value at the time of conversion.

Question 29

Trespass to land elements?

Answer 29

Definition
Intent - Intent to enter the land or cause the physical invasion.
Physical invasion (includes objects)
Rightful plaintiff - Anyone in possession can bring an action; not just the owner.
Damages - No proof of actual damages required.

Question 30

Defense for trespass to land?

Answer 30

Public and/or private necessity

Consent

Question 31

Private nuisance elements?

Answer 31

Substantial - Must be annoying to an ordinary person.

Unreasonable interference - Balance P’s harm w/ the utility of the nuisance.

Question 32

Defenses to private nuisance?

Answer 32

Compliance w/ state or local regulations
Coming to the nuisance
Laches

Question 33

Negligent infliction of emotional distress

Answer 33

To prevail on an NIED claim, the plaintiff must prove that (1) defendant’s conduct was extreme
and outrageous; (2) plaintiff was in the zone of danger; and (3) plaintiff suffered physical harm as a result of
emotional distress.