TORTS - Intentional Torts

Question 1

How many intentional torts are there? (name them)

Answer 1

Six: Battery, Assault, False Imprisonment, Intentional Infliction of Emotional Distress, Trespass to Land, Trespass to Chattels & Conversation.

Question 2

What is battery?

Answer 2

Battery: The defendant is liable for battery when there is an: (1) intentional, (2) harmful or offensive contact, (3) to the plaintiff’s person (or anything connected to the plaintiff).

Question 3

For battery: what is intentional?

Answer 3

For battery: A defendant acts “intentional’ when he/she (1) desires to bring about the harm or conduct; or (2) knowing that harm/contact is substantially certain to occur.

Question 4

When is bodily contact offensive?

Answer 4

A bodily contact is offensive when it offends a “reasonable sense of personal dignity” (reasonable person standard).

Question 5

What is assault?

Answer 5

Assault: A defendant is liable for assault when there is an: (1) intentional act by the defendant (2) that causes the plaintiff to be placed in reasonable apprehension, (3) of imminent harmful or offensive contact with the plaintiff’s person.

Question 6

For assault: what is intentional?

Answer 6

For assault: An act by the defendant is “intentional”when done (1) for the purpose of causing such apprehension; or (2) done with knowledge to a substantial certainty that such apprehension will result.

Question 7

For assault, what does the reasonable apprehension element require?

Answer 7

The reasonable apprehension element requires the plaintiff to (1) be aware of the defendant’s act; and (2) believe that the defendant is able to commit the act.

Question 8

What is false imprisonment?

Answer 8

False Imprisonment: A defendant is liable for False Imprisonment when the defendant (1) intentionally acts, (2) to restrain or confine a plaintiff to fixed boundaries (with no reasonable means to escape), and the plaintiff is either conscious (aware) of the confinement or plaintiff has been harmed by the confinement.

Question 9

For false imprisonment, what is intentional?

Answer 9

For false imprisonment: An act by the defendant is “intentional”when he acts: (1) purposefully to bring about the confinement; or (2) when the defendant knows that the confinement is substantially certain to occur.

Also - Restraint may be accomplished thorough threats.

Question 10

What is the shopkeeper’s privilege?

Answer 10

Shopkeeper’s Privilege: A store may detain a suspected thief if:
1 - the store has Reasonable Cause to believe a theft occurred;
2 - the store detains the suspect for only a reasonable period and for purposes of investigation;
3 - Detention must be reasonable; where only non-deadly force is allowed.
Shopkeepers may be held liable for any harm caused by acts exceeding the privilege.

Question 11

What is IIED?

Answer 11

IIED stands for Intentional Infliction of Emotional Distress.
A defendant is liable for IIED if, the defendant (1) acts intentionally or recklessly, (2) with extreme and outrageous conduct (that transcends all bounds of decency); where the (3) defendant’s act caused extreme and emotional distress (causation), and (4) the plaintiff actually suffered severe emotional distress (damages).

Question 12

For IIED, can a defendant be liable to a third party? If yes, why?

Answer 12

Yes. A defendant can be liable to a third party for IIED when the defendant intentionally or recklessly causes severe emotional distress: (1) to a member of such person’s immediate family who is present at the time; OR (2) to any other person present, if such distress results in bodily harm.

Question 13

For IIED, what is intentional?

Answer 13

For IIED: A defendant acts intentional when (1) he desires to inflict severe emotional distress; or knows that such severe distress is certain or substantially certain to result from the conduct.

Question 14

For IIED, what is reckless?

Answer 14

For IIED: A defendant acts reckless when it’s a deliberate disregard of a high risk that emotional distress will follow.

Question 15

What is Trespass to Land?

Answer 15

A defendant is liable for trespass to land if he (1) intentionally, (2) either, (i) physically enters (invades) the land in the possession of another; (ii) causes an object or third person to enter the land of another; (iii) remains on the land, or (iv) fails to remove an object from the land when defendant has a duty to remove.

Question 16

For Trespass to Land, what is intentional?

Answer 16

Intent to trespass is NOT required; the ONLY intent required is that the defendant intended to enter/remain on the subject land.

Question 17

For Trespass to Land, what is damages?

Answer 17

For trespass to land, the plaintiff doesn’t have to suffer damages, or can have nominal damages. If plaintiff suffers actual damages, then plaintiff can recover either: (1) the decrease in value of the property; or (2) the cost to repair the property.

Question 18

What is Trespass to Chattels & Conversion?

Answer 18

A defendant is liable for the trespass to chattels when (1) intentionally interfering with another’s personal property (damages or prevents use), and (2) the amount of damage is small.
A defendant is liable for the tort of conversation if the amount of interference is substantial, in which the defendant is liable for the full market value of the chattel.

Question 19

What are the factors for conversation?

Answer 19

To determine whether there is a substantial interference, a court will consider: (i) extent and duration of dominion and control; (ii) intent to deprive the owner of possession; (iii) the tortfeasor’s good faith; (iv) extent and duration of resulting interference; (v) harm done to the chattel; and (vi) inconvenience and expense caused.
*Note: Mistake of ownership to property is not a defense to either Trespass to Chattel or Conversation.