Intenional Torts Flashcards
What is dual intent?
Intent to contact; and
Intent to cause the harm or offense
What is single intent?
Intent to contact; and
Harm or offense is a result
What are the elements of battery?
- Act
- Intent (purposefully or substantial certainty)
- Contact
- On Another
- Harmful or Offensive
What are the elements of assault?
- Act
- Intent
- Imminent Apprehension
- Harmful or Offensive Contact
Does assault always come with battery?
No; if a battery happens suddenly, there is no apprehension, so there is no assault.
What are the elements of false imprisonment?
- Intent
- Confine
- Of Another
- Fixed Bounds
- Conscious/Harm
Does there have to be actual physical restraint for a person to be a victim of false imprisonment?
No, actual physical restrait doesn’t need to occur.
What are the elements of trespass?
- Intent
- Enter Property
- Harm (actual harm to the land; or some type of offense as a result)
What are the elements of conversions of chattel?
- Intent
- Owner of Property
- Deprived
- Harm
What are the elements to trespass to chattels?
- Intent
- Short Period of Time
What differentiates conversions of chattel from trespass to chattels?
The extent and duration distinguishes the two. Conversions of chattel lasts a longer period of time than trespass to chattels.
What are the elements of intentional infliction of emotional harm (IIED)?
- Intent or Recklessness
- Extreme and Outrageous Conduct
- Severe Emotional Distress
