Intentional Torts Flashcards

1
Q

Battery

A
  1. Voluntary Action
  2. Intend to make harmful or offensive contact
  3. Harmful or offensive contract occurs
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2
Q

Assault

A
  1. Voluntary action
  2. Intended to create the apprehension of an imminent harmful or offensive contact
  3. An apprehension of imminent harmful or offensive contact occurs
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3
Q

False Imprisonment

A
  1. Voluntary action
  2. Intended to confine plaintiff
  3. Confinement occurs
  4. Plaintiff was aware or harmed by the confinement
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4
Q

Intentional Infliction of Emotional Distress (IIED)

A
  1. Voluntary action
  2. Intended for conduct to be extreme and outrageous
  3. Plaintiff suffers severe emotional distress
  4. There is a causal connection between defendant’s conduct and plaintiff’s injury
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5
Q

Trespass to Land

A
  1. Voluntary action
  2. Intended to enter property
  3. Entered property
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6
Q

Trespass to Chattels

A
  1. Voluntary action
  2. Intends to interfere with owner’s possession of chattel
  3. Interference of owner’s possession of chattel occurs
  4. Owner is harmed by the interference
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7
Q

Conversion of Chattels

A
  1. Voluntary action
  2. Intended to exercise extensive control over owner’s chattel
  3. Depreciation of owner’s control over the chattel occurs
  4. Owner is harmed by the depreciation of control
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8
Q

Intent

A
  1. Purpose of the action

2. Knowledge that the action will create, with substantially certainty, a result

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9
Q

Single Intent Jurisdiction

A

In a battery, the defendant only needs to intended to make a harmful or offensive contact to manifest intent.

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10
Q

Dual Intent Jurisdiction

A

In a battery, the defendant needs to intend to make contact and needs to intend for that contact to be harmful or offensive to manifest intent.

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11
Q

Transferred Intent

A

In a battery, the defendant does not need to make contact with their target. Rather, he only needs to intend to make a harmful or offensive contact with another individual. Thus, he is liable to an unintended target of his contact.

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12
Q

Apprehension

A

Is an “awareness” not “fear”

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13
Q

Imminent

A

No significant delay

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