Intentional Torts Exam Study Guide with Complete Solutions

Intentional Torts Exam Study Guide with Complete Solutions Tort definition - Answer️️ -A breach of a legal duty to another that causes harm or injury to that person or his, her or its property for which society deems the injured party to be entitled to compensation or other redress Intent definition - Answer️️ -Person meant to do the act he did, with knowledge (or reason to know) that certain consequences could reasonably result from that act Four categories of intentional torts - Answer️️ -Against person, Against property, dignitary torts, economic torts Battery definition - Answer️️ -Intentional harmful or offensive physical bodily contact of another without excuse What does battery include? - Answer️️ -Extensions of the body (clothing or item in hand), indirect action (force set in motion by you), transferred intent How do we decide when something is battery? - Answer️️ -1) "Offensive" - reasonable person std, clearly informed of lack of consent (ie i say don't touch me and you touch me) 2) "Injury" - Doesn't have to be physically quantifiable, offensiveness or emotional harm is enough Affirmative defenses to battery - Answer️️ -1) Consent - express or implied (keep in mind scope) 2) Self-defense (real or reasonably believed) however must be reasonable counterforce and you may have duty of retreat 3) Defense of third party 4) Defense of property (reasonable) 5) ©SOPHIABENNET@2024/2025 Tuesday, August 20, 2024 10:21 AM 2 Privilege conferred by position - dependent on circumstances (furthering job, emergency, reasonably necc) Assault definition - Answer️️ -An intentional act that causes another person to have apprehension of an imminent battery How do we decide when something is assault? - Answer️️ -1) Apprehension - does not have to include fear, believe that it will happen and its something you want to avoid 2) Imminent, means without significant delay 3) Must be able something you can reasonably accomplish 4) Words alone not usually not constitute assault 5) Transferred intent applies 6) Injury applied by apprehension - Nominal damages usually awarded Definition of False Imprisonment - Answer️️ -Intentional confinement or restraint of another against his or her will, however briefly, without legal justification How do we define confinement? - Answer️️ -1) Can be words or actions 2) Words victim fears to disobey 3) Not future action 4) Words of exclusion don't count (IE you can't go into the next room) 5) Actions can be physical restraint, body language, or placement of barriers) 6) Time of constraint can be tiny 7) Victim must be aware of confinement 8) Transferred intent applies 9) Damages awarded even if no injury Defenses to Assault - Answer️️ -Defenses same as battery, also if you are unaware of victim's presence not assault, may be negligence ©SOPHIABENNET@2024/2025 Tuesday, August 20, 2024 10:21 AM 3 Defenses to false imprisonment - Answer️️ -1) Same as battery 2) Privilege to detain- state law, probable cause + sufficient evidence to trigger the privilege 3) reasonable manner and time Intentional infliction of emotional distress definition - Answer️️ - Intentional extreme and outrageous behavior that causes severe emotional distress to another About intentional inflection of emotional distress - Answer️️ -1) Must be really really bad 2) Must have physical and psychological symptoms 3) Liability extends to unintended victims Definition of Trespass to land - Answer️️ -Intentional and unauthorized entry into or remaining of the land to another What constitutes trespass to land? - Answer️️ -1) Physical entry or placing an object on someone else's property 2) Includes air and subsurface 3) Trespass even if entered unintentionally once you refuse t leave 4) Even if you originally had authorization, once it is withdrawn it is trespass What are you liable for if you trespass - Answer️️ -1) Liable for nominal damages even if no harm results 2) Liable for cost of repair of harm done, income lost, and/or diminished value of property Defenses against trespass - Answer️️ -1) Emergency circumstances IE assisting someone in need, avoiding imminent injury 2) Permission (express or implied) - license, invitati