Intentional Torts

Question 1

Prima Facie Case (Intentional Tort)

Answer 1

All intentional torts require an act by the defendant, intent by the defendant to bring about some physical or mental effect upon another person, and the effect must have been legally caused by defendant’s act or something set in motion by the defendant.

Question 2

In the context of intentional torts, what does “intent” refer to?

Answer 2

Can be achieved by either direct intent when plaintiff has a desire or purpose to bring about the effect (even if he doesn’t intend those results), or indirectly when the defendant knows with substantial certainty that particular effect will occur (liable even though he does not have a hostile intent to harm the victim).

Question 3

Transferred Intent

Answer 3

Arises when you intend to commit a tort against one person, but injury to another results instead. Your intent will be deemed to be “transferred” from your intended victim to the actual one. Transferred intent is not applicable with conversion or IIED. (Intentional Infliction of Emotional Distress)

Question 4

Causation

Answer 4

Is the effect legally caused by the defendant’s act or some action that is set in motion by defendant. Causation can also be satisfied if the defendant’s act was a subsatntial factor in bringing about the effect.

Question 5

What are the seven major intentional torts? (Mnemonic: FiTTEd CAB)

Answer 5

1. Battery
2. Assault
3. False Imprisonment
4. Intentional Infliction of Emotional Distress (IIED)
5. Trespass to Land
6. Trespass to Chattels
7. Conversion
   *(Mnemonic: FiTTEd CAB) False imprisonment, Trespass to land/chattel, Emotional distress, Conversion, Assault, Battery

Question 6

What is the difference between “negligence” and “intent”?

Answer 6

Negligence turns upon the likelihood of a result, whereas intent involves the desire for a certain result to occur.

For Negligence: You don’t want a result to occur, nor is it certain to do so, rather, your conduct creates a foreseeable risk of harm.

For Intent: You want a result to occur, or you know with substantial certainty that result will occur whether you want it to or not.

Question 7

What is the difference between “intent” and “motive”?

Answer 7

Intent focuses on desired consequences of an act, motive focuses on the reasons for desiring those consequences. For example: Wife poisons husbands’ coffee to collect on his life insurance, her intent was to kill him and her motive was to get her hands on the life insurance money.

Question 8

Battery

Answer 8

Intentional infliction of a harmful or offensive contact (or to create the apprehension of a contact). It is not necessary that the defendant desire to harm the plaintiff, as long as he intends the contact and the contact is in fact harmful or offensive.

Question 9

What are the elements of the tort of battery?