Exam 3: Intentional Torts

Any mistake made on the part of the property owner will cause the property owner to lose the right to use force to regain possession of chattels.

To be held liable for battery, the defendant must make physical contact with the body of the plaintiff.

Give an example of an application of the transferred intent doctrine.

What is the difference between trespass to chattels and conversion?

Under what conditions can an individual use force to defend him- or herself?

Under the majority position, a defendant who is mistaken about another's need for his or her assistance will not be liable for using force if .

A defendant is not liable for trespass if his or her contact with the defendant's land is the result of a reasonable mistake.

The transferred intent doctrine is generally applicable in cases of false imprisonment and infliction of mental distress.

In what circumstances might a defendant be held liable for using force to defend another, even if the amount of force used is reasonable?

Words alone can never constitute an assault.

The tort of infliction of mental distress can be committed either intentionally or recklessly.

If the defendant causes no substantial harm to the plaintiff's property, the privilege of private necessity is a complete defense.

Consent cannot be given if the plaintiff is mistaken about some material fact.

What intent is required for the tort of trespass to land?

A defendant who commits a battery is liable only for those damages that are foreseeable.

People may not use force to defend their homes unless the person threatening them is inside the home.

If a defendant claims the privilege of public necessity, the defendant does not have to pay for damages caused to the plaintiff.

An indirect invasion of land is sufficient to prove trespass to land, but an invasion of the airspace above land is not considered a trespass.

Force can be used to defend another so long as the person using the force reasonably believes it is necessary.

Plaintiffs who sue for trespass to land or trespass to chattels must prove actual harm.