Definitions of Intentional Tort Elements

Question 1

Intent

Answer 1

desire or knowledge to a substantial certainty that a harmful or offensive contact will occur; set in motion

Question 2

Volitional

Answer 2

Decision to act; implies will

Question 3

Transferred Intent

Answer 3

intent to commit a tort against a particular party, but commit a tort to a different person/ party. Unconscious acts are NOT intentional and are not intentional and not transferable.

Question 4

Battery - harmful

Answer 4

physical bodily damage/ impairment; irrelevant if harm is worse then intended.

Question 5

Battery - offensive

Answer 5

Offensive to the ordinary person not unduly sensitive to personal dignity (objective)

Question 6

Battery - contact

Answer 6

with the person or something integrally connected to the person (ie. hat, cane, wheelchair, coat).

Question 7

Battery - Defenses

Answer 7

Consent, defense of self or others, defense of real or personal property (after warning), recovery of real property, recovery of personal property, arrest, and discipline.

Question 8

Assault - act

Answer 8

overt act; words alone are not enough unless reason. person would be apprehensive.

Question 9

Assault - reasonable

Answer 9

reasonable in same situation would be apprehensive

Question 10

Assault - apprehension

Answer 10

must know it is happening; anticipation not enough, need fear; must have apparent ability to carry out consequenses

Question 11

Assault - imminent

Answer 11

more then mere preparation

Question 12

Assault - Defenses

Answer 12

Consent; defense of self or others; defense of real personal property (after warning); recovery of real property; rec. of personal prop.; discipline; and arrest

Question 13

False Impris. - confinement

Answer 13

against P’s will; usually through force or threat of force.

• No reas. means of escape that is known or apparent;
• Not confinement if through moral persuation (keep job)
• Not confinement if future or conditional threats
• if orig. agreed to go, but change mind. must be released or becomes confinement

Question 14

False Impris. - boundaries

Answer 14

city, state , car, boat, sea, etc

Question 15

False Impris. - defenses

Answer 15

Consent; arrest; shopkeeper’s priveledge

Question 16

Shopkeeper’s priveledge

Answer 16

to reasonably detain a person that is reasonably suspected of a crime against shop and to investigate within a reasonable timeframe.

Question 17

Trespass to land - Entry

Answer 17

to physically invade

Question 18

trespass - another’s

Answer 18

must be owner or possesor

Question 19

trespass - enter the land

Answer 19

without permission; with permission and knowingly remained past time allowed

Question 20

Trespass - defenses

Answer 20

consent; privilege to reclaim; public or private necessity

Question 21

Trespass to Chattels - interference

Answer 21

1. Dispossession - a temp taking or refusal to return
2. Intermeddling - make physical contact with, but do not take chattel; cause harm; impairment of quality; condition; value

Question 22

Trespass to chattel - Possession

Answer 22

Owner; individual with legally protected interest (ie. pawn shop)

Question 23

Trespass to chattel - Chattel

Answer 23

personal property; physical representation of intangibles

Question 24

Trespass to chattle - defenses

Answer 24

public or private necessity