Torts from Conviser

Question 2

Torts

Prima Facie Case for intentional tort

Answer 2

To establish a prima facie case of intentional tort, Plaintiff must prove (1) Act by Defendant, (2) intent, (3) Causation

Question 3

Torts

Act by Defendant required for an intentional tort

Answer 3

The act required is a volitional movement by defendant

Question 4

Torts

Intent required for an intentional tort

Answer 4

Intent must be either (1) specific (the goal in acting is to bring about specific consequences) OR (2) general (the actor knows with “substantial certainty” that these consequences will result.

Question 5

Torts

Transferred Intent

Answer 5

The transferred intent doctrine applies when the defendant intends to commit a tort against one person but instead (1) commits a different tort against that person, (2) commits the same tort as intended but against a different person, OR (3) commits a different tort against a different person. In such cases, the intent to commit a certain tax against one person is transferred to the tort actually committed or to the person actually injured for purposes of establishing a prima facie case. Thus, e.g. a Defendant who acts with the intent to commit an assault but whose conduct actually constitutes a batteryis liable for battery.

Question 6

Torts

Limitations on use of transferred intent

Answer 6

Transferred intent may be invoked only if both the tort intended and the tort that results are one of the following: assault, battery, false imprisonment, trespass to land, or trespass to chattels.

Question 7

Torts

Intent and capacity

Answer 7

contact is considered offensive only if it has not been consented to. However, consent will be implied for the ordinary contacts of everyday life (e.g., minor bumping on a crowded bus).

Question 8

Torts

Causation required or an intentional tort

Answer 8

The result must have been legally caused by Defendant’s act or something set in motion by him. Causation is satisfied if if defendant’s conduct was a substantial factor in bringing about the injury.

Question 9

Torts

Intentional Torts

Answer 9

(1) Battery, (2) Assault, (3) False Imprisonment, (4) Intentional Infliction of Emotional Distress, (5) Trespass to land, (6) Trespass to chattels, (7) conversion

Question 10

Torts

Battery

Answer 10

Elements: (1) harmful or offensive conduct, (2) to plaintiff’s person, intent, and causation.

Question 11

Torts

Implied consent to contact

Answer 11

Contact is considered offensive only if it has not been consented to. However, consent will be implied for the ordinary contacts of everyday life (e.g., minor bumping on a bus).

Question 12

Torts

Standard used for harmful and offensive contact

Answer 12

Judged by reasonable person standard

Question 13

Torts

Two types of harmful and offensive contact

Answer 13

(1) Direct (striking plaintiff) or (2) indirect (setting a trap for plaintiff to fall into)

Question 14

Torts

Plaintiff’s person for purposes of intentional torts

Answer 14

Plaintif’s person includes anything connected to the plaintiff (clothing or a purse)

Question 15

Torts

Battery: Damages

Answer 15

Damages are NOT required: Plaintiff can recover nominal damages even if actual damages are not proved. Plaintiff may recover punitive damages for malicious conduct

Question 16

Torts

Assault

Answer 16

Elements: (1) an at by defendant causing a reasonable apprehension in plaintiff, (2) of immediate harmful or offensive contact to plaintiff’s person, (3) intent, AND (4) causation

Question 17

Torts

Apprehension Defined

Answer 17

Apprehension means knowledge- apprehension should not be confused with fear or intimidation (e.g. a weakling can cause apprehension and thus assault a bully.

Question 18

Torts

Apparent Ability Sufficiency

Answer 18

If the Defendant has the apparent ability to commit a battery, this will be enough to cause a reasonable apprehension

Question 19

Torts

Effect of words on assault

Answer 19

Words alone are not suffcient. For the defendant to be liable, the words must be coupled with conduct. However, words can negate reasonable apprehension (e.g., the defendant shakes her fist but states that she is not going to strike plaintiff).

Question 20

Torts

Assault: Requirement of Immediacy

Answer 20

Plaintiff must be apprehensive that she is about to become the victim of an immediate battery

Question 21

Torts

Assault: Damages

Answer 21

Damages are NOT required: Plaintiff can recover nominal damages even if actual damages are not proved. Plaintiff may recover punitive damages for malicious conduct.

Question 22

Torts

False Imprisonment

Answer 22

Elements: (1) An act or omission on the part of defendant that confines or restrains plaintiff (2) to a bounded area, (3) intent, AND (4) causation

Question 23

Torts

Sufficient methods for coninement or restraint

Answer 23

physical barriers, physical force, threats of force, failure to release, and invalid use of legal authority

Question 24

Torts

Insufficient Methods of Confinement or Restraint

Answer 24

moral pressure and future threats

Question 25

Torts

Time of Confinement

Answer 25

It is irrelevant how short the period of confinement is

Question 26

# Torts Awareness of Confinement

Answer 26

Plaintiff must know of the confinement or be harmed by it

Question 27

# Torts What is a bounded area?

Answer 27

For an area to be "bounded," freedom of movement must be limited in all directions. There must be no reasonable means of escape known to the plaintiff

Question 28

# Torts False Imprisonment: Damages

Answer 28

Damages are NOT required: Plaintiff can recover nominal damages even if actual damages are not proved. Plaintiff may recover punitive damages for malicious conduct.