intentional torts

what is the foundation of all torts

LA Civil code art. 2315  provides

• A.  Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.

The LA supreme court maintains that Intentional tort exists when 2 things are true:

1. The actor consciously desire the physical results of his act

2. The actor knows that the results of his actions are substantially certain to follow from his conduct

Substantially is certain, out of jurisprudence requires more than just the act itself, what is it?

1. It is reasonable probably that an injury will occur form your conduct

2. It is inevitable

3. Virtually sure

4. Incapable of failing

how does Harmful or offensive conduct can occur et it does not constitute a battery.

there is general rule that states there is a general amount of conduct between persons that is allowed because of the nature of being in society

what are the elements of battery

(1) he acts intending to cause a harmful or offensive contact with the person of the other ..., and
(2) a harmful contact with the person of the other directly or indirectly results [or]
(3) an offensive contact with the person of the other directly or indirectly results.

what are the elements of Assault

(1) He acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and

(2) The other is thereby put in such imminent apprehension

 

·        Mere words do NOT constitute an assault!

·        Assault is an attempt to commit a battery, or the INTENTIONAL PLACING OF ANOTHER IN REASONABLE APPREHENSION OF RECEIVING A BATTERY

what are the elements of FALSE IMPRISONMENT

(1) the defendant intended to confine him,
(2) the plaintiff was conscious of the confinement,
(3) the plaintiff did not consent to the confinement and
(4) the confinement was not otherwise privileged.

what are the elements to Trespass to Land

(1) entering land in the possession of another or causing a third person or thing to enter the land
(2) remaining on land after the possessor withdraws consent for one to be on the land, or
(3) failing to remove something from land possessed by another that one is under a duty to remove

what is the elements of INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

(1) that the conduct of the defendant was extreme and outrageous;

(2) that the emotional distress suffered by the plaintiff was severe; and

(3) that the defendant desired to inflict severe emotional distress or knew that severe emotional distress would be certain or substantially certain to result from his conduct.

what are the elements to trespass to chattel

(1) he dispossesses the other of the chattel, or
(2) the chattel is impaired as to its condition, quality, or value, or
(3) the possessor is deprived of the use of the chattel for a substantial time, and
(4) bodily harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally

what are the elements to conversion

(1) extent and duration of control
(2) defendant's intent to claim a right to the property
(3) defendant's good faith
(4) harm done and
(5) expense or inconvenience caused.

Mary has been having some issues with her office for the past few years. She gets a call from her mother stating that her little brother Lance needs to get out of the house and come live with Mary.Mary lays down the rules and tells Lance that he must follow them if he wants to stay. Lance does not follow the rules and is very disrespectful to Mary. Mary is very angry and tells Lance to leave. Lance refuses to leave. Mary then pushes Lance out of the house and he falls down the stairs and breaks his leg. Lance sues Mary for battery. What is Mary’s best defense?

a. IIED

b Assault

c. Battery

d. No tort

d. No tort - Mary via lance

John and micheal have been dating for 15 years. Micheal reaches over to john and slightly touches his shoulder et say , "will you just listen to me" (soft voice). John consults you has his attorney wants to file a civil law suit against Micheal.

a. assault

b. False imprisonment

c. IIED

D. trespass to land

a. assault

Rollan and Sam have been married for two years. Sam tell Rollan that she would like to have dinner with an ex boyfriend. Rollan is furious and ask why would she go to dinner with mike?Rollan pins mike in the restroom by locking the door. While mike attempts to go around Rolland, he tells him they need to talk. Mike then pushes Rollan down on the ground et Rollan has a seizure et is hospitalized for the next 6 monthes. Rollan files a civil lawsuit. What intentional tort is Mike liable for?

a. False imprisonment, IIED, battery

b. False imprisonment, IIED, battery

c. False imprisonment, IIED, battery

d. none of the above

d. none of the above

Author and derrick have decided to go hunting. They are on a 4-wheeler and go down by the MS river. They are signs that say keep out state property.At one point, Derrick tell Author to shoot the deer that is on Mr. Davids property. Author shoots the deer and when they go onto the property to remove the deer, mr. david catched them and calls the police. David said he was feeding et raising the deer as his pet. Has author competed a intentional tort?

a. Trespass to chattel

b. Trespass to land

c. Conversion 

d. all the above 

d. all the above 

Jessica is jealous of anne cause she has a Rolex watch and a diamond gold earrings. Anne tells Jessica not to touch the jewelry. When intervening the pawnshop deale, he tells you that Jessica came in and pawned the jewerly. The police tells Anne that they are going to arrest Jessica for theft. Anne says no, and contacts attorney james.

a. Trespass to chattel

b. conversion

c. Trespass to land

d. Both A& B are incorrect

b. conversion

Micheal is sad that jordan and he planned this trip over 5 years ago and joradan is trying to back out. Micheal then loses control of himself, takes out his 9mm and tells jordan you are not going anywhere and were are not breaking up. Jordan crys and tries to convince michael to let him go. After 4 days, Micheal finally releases jordan so he can go home. When jordan returns he hires a private lawyer to sue action against micheal. What intentional tort should jordan pursue against Michael?

a. False imprisonment ,

b. assault,

c. IIED

d. None of the above

a. False imprisonment ,

b. assault,