Intentional Torts

Question 1

What are the seven kinds of intentional torts?

(BAFITTC)

Answer 1

1. Battery
2. Assault
3. False imprisonment
4. IIED
5. Trespass to land
6. Trespass to chattels
7. Conversion

Question 2

What are the two categories of intentional torts?

Answer 2

Intentional torts to the person (BAFI)

Intentional torts to property (TTC)

Question 3

What are the four kinds of intentional torts to the person?

Answer 3

1. Battery
2. Assault
3. False imprisonment
4. Intentional infliction of emotional distress

Question 4

What are the three kinds of intentional torts to property?

Answer 4

1. Trespass to land
2. Trespass to chattels
3. Conversion

Question 5

What constitutes intent? (2 kinds)

Answer 5

1. Specific intent (as to consequence) OR
2. General intent (substantial certainty that consequence(s) will result)

Question 6

Who is capable of intent?

Answer 6

All persons (including children of all ages)

Question 7

To which torts does transferred intent apply?

(5 - ABFTT)

Answer 7

1. Assault
2. Battery
3. False imprisonment
4. Trespass to land
5. Trespass to chattels

Question 8

To which two torts does transferred intent NOT apply?

Answer 8

1. IIED
2. Conversion

Question 9

What intentional torts require damages? (3)

Answer 9

1. IIED
2. Trespass to Chattels
3. Conversion

Question 10

What intentional torts do not require damages? (4)

Answer 10

1. Assault
2. Battery
3. False Imprisonment
4. Trespass to Land

Question 11

What are the elements of BATTERY?

(Act)

(to whom?)

(Intent)

(Cause)

Answer 11

Battery is: Defendant’s

1. Harmful or offensive contact
2. To P’s person; with
3. Intent and
4. Causation

Question 12

When is contact offensive?

Answer 12

When it would be considered offensive to a reasonable person

Question 13

What is included in the plaintiff’s person?

Answer 13

Anything connected to the plaintiff

(N.B. Contact does not have to be immediate (e.g., poisoned lunch hypo! [but causation problems])

Question 14

What are the elements of ASSAULT?

Answer 14

Assault is Defendant’s

1. Act which creates reasonable apprehension (awareness) in plaintiff
2. Of immediate harmful or offensive contact to P’s person; with
3. Intent and
4. Causation

Question 15

What constitutes apprehension for assault?

Answer 15

1. P must know of the act (Awareness), AND
2. D must have the apparent ability to commit battery (see “loaded gun problem”– If you know the gun is not loaded, D has no apparent ability, so no apprehension. If you know it is loaded or you’re unsure, then apparent ability and so apprehension)

[N.B. Fear not required; Apprehension in the situation is determined by a reasonable person standard]

Question 16

Can words alone place someone in apprehension?

Answer 16

No. Words alone are not sufficient to constitute apprehension. Must be coupled with conduct.

Question 17

Can words negate reasonable apprehension?

Answer 17

Yes. When they are conditional or future future (e.g., “I might hit you!”)

Question 18

What are the elements of FALSE IMPRISONMENT?

Answer 18

1. Act or omission by D
2. That confines or restrains P
3. In a bounded area; with
4. Intent and
5. Causation

Question 19

What are five things that are sufficient to constitute confinement?

Answer 19

1. Physical barriers;
2. Physical force;
3. Threats of force, if would operate to restrain a reasonable person;
4. Failure to release; AND
5. Invalid use of legal authority

Question 20

What acts of confinement are insufficient? (2)

Answer 20

1. Moral pressure
2. Future Threats

Question 21

What is the necessary scope of confinement?

Answer 21

Defendant must know of confinement OR be harmed by it

Question 22

What makes an area bounded?

Answer 22

No reasonable means of escape known to P

[N.B. “Stay here!” is sufficiently bounded]

Question 23

What are the elements of IIED?

Answer 23

1. Outrageous conduct on the part of the D, with
2. Intent or recklessness;
3. Causation AND
4. DAMAGES! (Damages can be severe emotional distress; no need for physical damages!) (But pick other torts in answers first)

Question 24

In general, what constitutes outrageous conduct?

Answer 24

Exceeds all bounds of decency in civilized society

(Mere insults are not outrageous)

Question 25

What are four common hallmarks of outrageous conduct for IIED? (Frequently tested, but not complete list)

Answer 25

1. Continuous or repetitive actions 2. Acts by common carriers or innkeepers (very low bar! e.g., Stewardess is particularly rude to you on your plane) 3. If P is a member of a fragile class 4. If acts are directed at the known sensitivity of an adult (no matter how innocuous)

Question 26

What are the three fragile classes for IIED?

Answer 26

1. Young children 2. Very elderly persons 3. Pregnant women

Question 27

What is needed to show severe emotional distress?

Answer 27

No specific evidence required; P can prove severe emotional distress however he cares to

Question 28

What are the elements of TRESPASS TO LAND?

Answer 28

1. Physical invasion of real property with 2. Intent and 3. Causation

Question 29

What constitutes real property for trespass to land? (4)

Answer 29

1. Land 2. Houses/buildings (improvements) 3. Air above to reasonable distance 4. Ground below to reasonable distance

Question 30

What constitutes physical invasion for trespass to land?

Answer 30

Tangible objects, even if thrown (If invasion by intangible things (e.g., smoke), see nuisance)

Question 31

To whom does the trespass to land cause of action belong?

Answer 31

Actual or constructive possessors, not necessarily the owner

Question 32

What constitutes intent in trespass to land?

Answer 32

"Intent" is the intent to put your foot down, not necessarily your intent to put your foot down on someone else's land (i.e., You do not need to intend to cross the line to have intent to trespass) [N.B. Entering must be voluntary (dragged by horse doesn’t count)]

Question 33

What are the elements of TRESPASS TO CHATTELS?

Answer 33

1. Act by D that interferes with P's right of possession, with 2. Intent, 3. Causation, and 4. Damages

Question 34

What constitutes chattels?

Answer 34

Everything except real property (i.e., everything but land and buildings)

Question 35

What does it mean to "interfere" for purposes of trespass to chattels? (2)

Answer 35

1. Intermeddling (damaging/vandalism) 2. Dispossession (taking it away)

Question 36

What are the elements of CONVERSION?

Answer 36

1. Act by D that interferes with P's right of possession, and 2. The act is so severe that it warrants requiring D to pay full value of the chattel, with 3. Intent and 4. Causation

Question 37

What is the difference between trespass to chattels and conversion? (2)

Answer 37

The severity of the interference AND The remedy (repair for trespass; fair market value for conversion) [if it’s on the line, it’ll be conversion]

Question 38

How does mistake of fact affect trespass to chattels and conversion?

Answer 38

Mistake about ownership is no defense

Question 39

What constitutes an act of conversion? (6 acts)

Answer 39

Any of: 1. Wrongful acquisition, 2. Wrongful transfer, 3. Wrongful detention, 4. Substantially changing, 5. Severely damaging, OR 6. Misusing a chattel

Question 40

In intentional torts, what should you assume about plaintiffs?

Answer 40

Assume plaintiff is a person of ordinary/normal sensitivities

Question 41

What kinds of defenses do not exist in intentional torts?

Answer 41

Incapacity defenses ## Footnote **(i.e., in intentional tort questions, never choose an answer that says the person is not liable because he lacked capacity)**

Question 42

What must a plaintiff show to make a prima facie case for intentional tort?

Answer 42

1. ACT by Defendant; 2. INTENT of Defendant (specific or general); AND 3. D's act was CAUSE of the harm (satisfied if merely a substantial factor in bringing about the injury)