Intentional Torts Flashcards
What is a Battery?
A person acts with intent to cause harmful or offensive contact with the person of another and such contact results
What is intent?
A person acts with intent for the purpose of causing a specific outcome or knowing that outcome is substantially certain to occur
What is transferred intent?
A person acts with intent to cause one of the five original intentional torts and causes another and such intent is transferred to another
What is an Assault?
A person acts with intent to cause harmful or offensive contact OR to cause apprehension of imminent contact AND the person is put in apprehension of imminent contact
What is False Imprisonment?
The intentional unlawful restraint through force or threat of force that confines someone to a bounded area and that person is either aware of the confinement or harmed by it.
What is Trespass to land?
The intentional unauthorized entry onto the land of another
What is Trespass to chattel?
A person acts with intent to take control of a chattel or substantially impairs it depriving the possessor of its use.
What is Conversion?
Unlawfully exercising dominion and control over another’s chattel that significantly alters, destroys, or seriously damages the chattel and the defendant must pay the full value
What is Recklessness?
A person disregards the high probability of the result
Define the elements of Battery?
- Intent- a person acts with intent when they act for the purpose of causing harmful or offensive contact with another or knowing that contact is substantially certain to result
- Harmful contact-Physical harm
- Offensive contact-contact that would offend a reasonable person under the circumstances
- Person of another- the other person or something so closely related that it is an extension of the person
- Contact results-contact is made with the person
Define the elements of Assault?
- Intent-a person acts with intent when they act for the purpose of causing apprehension of another or knowing that apprehension is substantially certain to occur
- To cause apprehension-anticipation or expectation OR set in motion an action to put a person in apprehension
- Words alone are not enough
- Imminent contact-the contact is about to happen; the person must be aware that the contact is about to happen
Define the elements of False imprisonment
- Intent- a person acts with intent when they act for the purpose of causing confinement or knowing that confinement is substantially certain to occur
- Unlawful-was not justified in restraining the person
- Force or the threat or force-words or other communication reasonably interpreted to be force
- Confines someone to a bounded area-boundaries must be set; must not have a reasonable way to leave
- Aware of the confinement or is harmed by it-must be aware of being confined and has suffered harm
What are the elements of Trespass to land?
- Intentional act-acting for the purpose of entering another’s property or knowing that entry is substantially certain to occur
- Unauthorized-without permission
- Entry-tangibly enter onto the land
- Land of another-land belonging to someone else
What are the elements of Trespass to chattel?
- Intentional act- acting for the purpose of interfering with the personal property of another or knowing such interference is substantially certain to occur
- Interference with the personal property of another-Harm or come in between the personal property of someone with superior possession
- Interference decreases the value of the chattel-the value of the chattel is less than presumed
What are the elements of Conversion?
- Unlawful-without legal justification
- Exercising dominion and control-action that affects the property or interference with the plaintiff’s use and enjoyment of the property
- Another’s chattel-chattel of another
- Significantly alters, destroys, or seriously damages the chattel-changes, destroys, or causes significant alteration to the chattel
- The defendant must pay the full value-value of the chattel before the interference or destruction of the chattel
