Intentional Torts/ Harms to Personal Property and Land

Question 1

What are the 3 elements of an intentional tort

Answer 1

Plaintiff must prove:
- act

• intent (specific- intent to bring about harm or general- substantial certainty that the conduct will result from D’s act)

-causation (D’s conduct must be a substantial factor in harm)

Question 2

Battery Elements

Answer 2

1. Harmful or offensive contact by D
2. To P’s person (includes anything closely connected to P’s person like a hat)
3. Intent
4. Causation (indirect contact can count)

Question 3

Doctrine of transferred intent

Answer 3

When the intent to commit one tort satisfies the required intent for a different tort; this applies when a person commits:

• A different intentional tort against the same person that he intended to harm
• The same intentional tort against a different person; or
• A different intentional tort against a different person

Question 4

What damages can a plaintiff get from an intentional tort?

Answer 4

Nominal damages (no proof of actual harm is required) and damages from physical harm

• some states also allow punitive damages if the defendant acted outrageously or with malice

Question 5

Eggshell plaintiff rule

Answer 5

A defendant is liable for all harm that flows from a battery, even if it is much worse than the defendant expected it to be

Question 6

The transferred intent doctrine only applies to?

Answer 6

assault, battery, false imprisonment, and trespass

Question 7

Defense to battery

Answer 7

There is no battery if there is express or implied consent

Question 8

Assault elements

Answer 8

1. Act by D that creates a reasonable apprehension in P
2. of immediate harmful or offensive contact to P’s person
3. intent
4. causation

Question 9

what is usually not included in assault?

Answer 9

threats of harm or hypothetical harm are usually not sufficient or “mere words”

Question 10

False imprisonment

Answer 10

1. D intends to confine or restrain another within fixed boundaries
2. The actions directly or indirectly result in confinement and
3. Plaintiff is either conscious of the confinement or harmed by it

Question 11

Shopkeepers Privilege

Answer 11

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

Question 12

Intentional Infliction of Emotional Distress (IIED) elements

Answer 12

Defendant intentionally or recklessly engages in extreme and outrageous conduct that causes the plaintiff severe emotional distress

Question 13

Public figures with IIED

Answer 13

Must show that the words contain a false statement of fact that was made with “actual malice”

Question 14

IIED: Bystander claims for emotional distress

Answer 14

Related bystanders: an immediate family member of the victim who is present at the time of the conduct may recover for IIED regardless of whether that family member suffers any bodily injury

Defendant’s purpose: If the defendants purpose in harming an individual is to cause severe emotional distress to a third party, the third party can recover for IIED w/o showing that he was a close family member of the harmed individual or that he perceived the conduct

Question 15

Trespass to Chattels

Answer 15

An intentional interference w/ the plaintiffs right to possess personal property by:

• dispossessing the plaintiff of the chattel
• using or intermeddling with the plaintiffs chattel or
• damaging the chattel

Question 16

Damages for trespass to chattels

Answer 16

• Actual damages, damages from loss of use, nominal and repair damages for dispossession or damage
• Actual damages only for intermeddling

Question 17

Conversion

Answer 17

Intentionally committing an act depriving the plaintiff of possession of his chattel or interfering w/ the plaintiffs chattel in a manner so serious as to deprive the plaintiff entirely of the use of the chattel

Question 18

Damages for conversion

Answer 18

P can recover the chatl’s full value at the time of conversion

Question 19

Factors to consider with trespass to chattels v. conversion

Answer 19

• duration and extent of the interference
• defendants intent to assert a right inconsistent with the rightful possessor
• defendants good faith
• expensive or inconvenience of the plaintiff and
• extent of the harm

Question 20

Trespass to land

Answer 20

defendant intentionally causes a physical invasion of someones land

Question 21

Damages for trespass to land

Answer 21

No proof of actual damages is required

Question 22

Necessity Defense to Trespass to land

Answer 22

Available to a person who enters onto someone else’s land or interferes w/ that individuals personal property to prevent an injury or other severe harm

Question 23

Private necessity: Trespass

Answer 23

• D is not liable for nominal damages
• D is liable for actual damages they caused

Question 24

Public necessity: Trespass

Answer 24

• Private property is intruded upon or destroyed when necessary to protect a large number of people from a public calamity
• D is NOT liable for damages to the property

Question 25

Private nuisance

Answer 25

An activity that substantially and unreasonably interferes w/ another use and enjoyment of the land (ex. loud noise/foul odor)

Question 26

Blocking of sunlight is not ? unless?

Answer 26

not a nuisance unless its a spite fence/spite wall (for the purpose of blocking someones view/sunlight)

Question 27

Defenses to private nuisance

Answer 27

- complying with state or local administrative regulations - if you moved somewhere knowing about the conduct (not a complete defense)

Question 28

Public nuisance

Answer 28

An unreasonable interference w/ a right common to the public as a whole - usually brought by public officials but if it is brought by a private individual, they then have to show a diff. kind of harm