Exam 3: Intentional Torts

Conversion suits are never allowed for intangible rights, such as stock certificates and promissory notes.

The majority of American courts permit landlords to use force to evict their tenants.

A property owner who uses a mechanical device for protection will not be liable if . If the owner uses a nondeadly mechanical device, the owner must first _.

A plaintiff must suffer pain or bodily harm to recover for battery.

How much force may an individual use to defend him- or herself?

The peculiar characteristics of the plaintiff are never taken into consideration when evaluating the defendant's conduct for purposes of liability for infliction of mental distress.

What is the difference between an assault and a battery?

The length of deprivation is irrelevant for purposes of recovering for trespass to chattels.

What are two elements of infliction of mental distress?

A property owner must be in "fresh pursuit" to use force to regain possession of chattels.

What is the difference in consequences to a defendant in claiming private necessity as opposed to public necessity?

To be held liable for the tort of infliction of mental distress, the defendant's conduct must be considered intolerable in any civilized society.

What is the general rule regarding the use of mechanical devices to defend property?

One must retreat before using deadly force inside one's home.

Threats of future harm are sufficient to constitute an assault.

To claim the privilege of necessity, the defendant must be in severe danger.

For purposes of trespass to chattels, title is deemed to have transferred from the plaintiff to the defendant.

A plaintiff must believe that the defendant had the ability to carry out a threatened contact to recover for assault.

Is a person required to retreat before using deadly force to defend oneself in the home?

Confinement by means of physical force is required to recover for false imprisonment.