Bar Exam Latest Version (2022/2023) Already Passed

Bar Exam Latest Version (2022/2023) Already Passed INTENTIONAL TORTS 1) Prima Facie Case 2) Transferred Intent Doctrine 3) Assault 4) Battery 5) False Imprisonment 6) Intentional Infliction of Emotional Distress 7) Bystander Claims for Emotional Distress 8) Trespass to Land 9) Trespass to Chattel 10) Conversion Intentional Torts: Prima Facie Case: (1) Act by Defendant: Requires some volitional movement (2) Intent: Acting with some desire to bring a specific harm (specific) OR acting with substantial certainty that tortious conduct will result from Defendant's act (general) (3) Causation: Defendant's conduct must be a substantial factor in bringing about the resulting harm Transferred Intent Doctrine Transferred intent doctrine arises when Defendant acts with the intent to commit a given tort but: (1) Commits it against a DIFFERENT PERSON than intended; OR (2) Commits a DIFFERENT TORT than intended; OR (3) Both of the above Defendant's original liability transfers to the tort actually committed and/or person actually harmed, resulting in Defendant's liability Applies only to: 1) Assault 2) Battery 3) False Imprisonment 4) Trespass to Land 5) Trespass to Chattel Assault Assault is an intention act by Defendant creating Plaintiff's reasonable apprehension of immediate harmful or offensive contact to Plaintiff's person. Elements: (1) Act by D creates a Reasonable Apprehension in P "Reasonable apprehension" means P has knowledge of D's act and an expectation that it will result in immediate H/O contact to P's person. Apprehension must be reasonable, does not have to be fear NOTE: "Unloaded Gun Problem": Beware of fact patterns where D appears incapable of accomplishing threatened harm. APPARENT ABILITY is sufficient, as long as it could reasonably create P's apprehension.