Torts I Intentional Torts

Question 1

Intent

Answer 1

Subjective desire or substantial certainty that a particular result will occur.

Question 2

Transferred Intent

Answer 2

Intent may transfer from tort to tort, and from intended victim to actual victim within the torts.

Question 3

Battery

Answer 3

A battery is a volitional act by the defendant which intentionally causes the plaintiff to suffer a harmful or offensive contact.

Question 4

Harmful Contact

Answer 4

Causes pain, impairment, or change.

Question 5

Offensive Contact

Answer 5

Offends a reasonable person’s sense of personal dignity.

Question 6

Battery Rule Contact with Object Connected to Victim

Question 7

Volitional act

Answer 7

An act is volitional if the defendant voluntarily commits it.

Question 8

Assault

Answer 8

An assault is a volitional act by the defendant which intentionally causes the plaintiff to suffer an apprehension of an immediate harmful or offensive contact.

Question 9

Apprehension

Answer 9

The apprehension element is satisfied if a reasonable person in plaintiff’s position would have suffered an apprehension of an immediate harmful (or offensive) contact.

Question 10

False Imprisonment

Answer 10

False imprisonment is the voluntary and intentional confinement of another without consent or privilege.

Question 11

Confinement rule

Answer 11

Movement is limited to a bounded area with no known reasonable means of escape. The boundary may be physical (barriers or locks) or psychological (threat of force).

Question 12

Awareness of confinement

Answer 12

The plaintiff must be aware of the confinement or have suffered harm/injuries as a result of the confinement.

Question 13

Intentional Infliction of Emotional Distress (IIED)

Answer 13

IIED is the a voluntary, intentional, extreme and outrageous act that causes severe mental distress to the plaintiff.

Question 14

Extreme and outrageous act rule (IIED)

Answer 14

Must exceed normal decency. Offensive language is not typically sufficient.

Question 15

Common carriers and innkeepers exception (IIED)

Answer 15

Common Carriers and Innkeepers are held to a higher standard of care to their guests (ex. plane, bus, taxi drivers, ship captains, etc.) . They might be liable for conduct, threats, insults, indecent proposals that may not be deemed extreme and outrageous when such acts committed by another.

Question 16

Third party plaintiff (IIED)

Answer 16

Third party must be close relative or family member of the person targeted. Where the plaintiff was present at the scene, defendant knows that an immediate family member is present, the plaintiff actually witnessed the act.

Question 17

Trespass to Land

Answer 17

Trespass to land is a volitional, intentional act which causes a physical invasion of another’s land.

Question 18

Mistakes in Trespass to Land

Answer 18

Even done in the good faith belief that the trespasser owns it or otherwise has a right to possession is still a trespass. Mistake is no defense.

Question 19

Physical invasion Trespass to Land

Answer 19

The defendant must enter or cause another or some object to enter onto plaintiff’s land. Right’s extend both above and below the land’s surface, even air space above.

Question 20

Plaintiff’s possession Trespass to Land

Answer 20

A plaintiff must be in actual possession or have the right to immediate possession. Does not need to be the owner.

Question 21

Trespass to Chattel

Answer 21

Trespass to chattel is a volitional, intentional act which causes an interference with another’s use and enjoyment of their personal property.

Question 22

Mistakes in Trespass to Chattel

Answer 22

Even done in good faith belief that the trespasser has a right to possession may still commit trespass to chattel. Mistake is no defense.

Question 23

Interference in Trespass to Chattel

Answer 23

Dispossession can occur by taking the property temporarily, refusing to return it, intermeddling with the plaintiff’s property, or an invasion of the interests. Further, this is shown by length of time of deprivation and/or by the degree of damage done to the chattel.

Question 24

Conversion

Answer 24

Conversion is a voluntary, intentional act that substantially interferes with another’s use and enjoyment of their personal property.

Question 25

Substantial inference in Conversion

Answer 25

Actions must either destroy or seriously interference with the plaintiff’s property. The longer the duration of interference, greater use of the property, greater damage inflicted, the more likely a conversion.

These include theft, selling, alteration to the property, destruction, etc.