Intentional Torts Flashcards
Battery
- Voluntary Action
- Intend to make harmful or offensive contact
- Harmful or offensive contract occurs
Assault
- Voluntary action
- Intended to create the apprehension of an imminent harmful or offensive contact
- An apprehension of imminent harmful or offensive contact occurs
False Imprisonment
- Voluntary action
- Intended to confine plaintiff
- Confinement occurs
- Plaintiff was aware or harmed by the confinement
Intentional Infliction of Emotional Distress (IIED)
- Voluntary action
- Intended for conduct to be extreme and outrageous
- Plaintiff suffers severe emotional distress
- There is a causal connection between defendant’s conduct and plaintiff’s injury
Trespass to Land
- Voluntary action
- Intended to enter property
- Entered property
Trespass to Chattels
- Voluntary action
- Intends to interfere with owner’s possession of chattel
- Interference of owner’s possession of chattel occurs
- Owner is harmed by the interference
Conversion of Chattels
- Voluntary action
- Intended to exercise extensive control over owner’s chattel
- Depreciation of owner’s control over the chattel occurs
- Owner is harmed by the depreciation of control
Intent
- Purpose of the action
2. Knowledge that the action will create, with substantially certainty, a result
Single Intent Jurisdiction
In a battery, the defendant only needs to intended to make a harmful or offensive contact to manifest intent.
Dual Intent Jurisdiction
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.
Transferred Intent
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.
Apprehension
Is an “awareness” not “fear”
Imminent
No significant delay