Torts Rules I Keep Missing - Intentional Torts

Question 1

What is the privilege of arrest?

Answer 1

In most jurisdictions, a defendant who is a private citizen is privileged to confine or arrest a plaintiff when (1) a felony has been committed and (2) the defendant reasonably suspects that the plaintiff committed a felony.

Question 2

What is false imprisonment?

Answer 2

A defendant intentionally confines the plaintiff within a limited area and the plaintiff is conscious of the confinment.

Question 3

What is conversion?

Answer 3

Conversion is an intentional exertion of dominion or control over chattel that so seriously interferes with the owner’s right of control that the owner should recover the fair market value of the chattel at the time of the conversion.

Question 4

What is trespass to chattels?

Answer 4

A trespass to chattels is a minor intentional interference with plaintiff’s right to control and actual minor damages occur.

Question 5

When is a defendant liable for battery?

Answer 5

When the defendant intends to cause contact with the plaintiff’s person and that affirmative conduct causes contact that is harmful or offensive to the plaintiff.

Question 6

When may a defendant be liable for an intentional tort when acting in self defense against a bystander?

Answer 6

If the defendant intentionally uses force against a bystander.

Question 7

When can a defendant use deadly force in self-defense?

Answer 7

If the defendant reasonably believes the individual iwll inlict harm, the defendant is put in peril of death, serious bodily harm or rape by the use of threat of physical force and the defendant can safely prevent the periol only by the immediate use of deadly force.

Question 8

When does the doctrine of transferred intent apply?

Answer 8

When the defendant intends to commit a battery against one person but instead comits a battery against the plaintiff.

Question 9

When does the doctrine of transferred intent not apply?

Answer 9

When the defendant’s intentional use of force is privileged.

Question 10

What is public nuisance?

Answer 10

Public nuisance is an unreasonable interference with a right common to the general public.

Question 11

What must a plaintiff prove in a public nuisance claim?

Answer 11

The defendant intefered with a public right and that interference was unreasonable or violated an ordinance.

Question 12

When can a plaintiff sue for private nuisance?

Answer 12

When a person interfers with the plaintiff’s use and enjoyment of his/her property

Question 13

When is an interference substantial?

Answer 13

If a person with normal sensibilities woould regard the interference as offensive, annoying or intolerable.

Question 14

What is coming to the nuisance?

Answer 14

A court will consider if the propery owner came to the nuisance (acquiring or improving property next to a known nuisance) to determine if a plaintiff can recover in a nuisance claim.

Question 15

What types of interference can occur in a trespass to chattels claim?

Answer 15

Dispossession or use/intermedding.

Question 16

When will be harmed be presumed for a trespass to chattels claim?

Answer 16

If the party dispossed the property, harm is inferred. If the party use or intermeddled with the property, harm will only be inferred when there is actual harm, substantial loss of use of chattel or bodily harm to plaintiff.

Question 17

What damages can a plaintiff receive if they prove trespass?

Answer 17

Injunctive relief, compensatory damages and punitive damages.

Question 18

What are nominal damages?

Answer 18

Trivial sum of money awarded to vindicate plaintiff’s rights when no actual loss or damage occurs.

Question 19

What are compensatory damages?

Answer 19

Money awarded to compensate plaintiff for actual. loss or damage.

Question 20

When does a plaintiff have standing to sue for trespass?

Answer 20

If he/she has possessory interest in the land that the defendant intentionally entered.