Intentional Torts Flashcards
1
Q
Battery - 4 Elements:
A
- DEF acts
- intending to cause, Harmful/Offensive contact With another person
- and harmful/offensive contact results
- And PLNTF did not consent
2
Q
Assault 4
Elements:
A
- DEF acts
- intending to cause battery
- Or apprehension of battery
- Reasonable Apprehension of imminent battery results
3
Q
False Imprisonment 5 Elements:
A
- Conduct by the actor which is intended to, and in fact does,
- confine another
- within boundaries fixed by the actor
- the victim is either harmed or conscious of the confinement.
- Without lawful privilege
4
Q
4 Elements of IIED:
A
- Extreme and outrageous conduct;
- Intent to cause, or disregard of a substantial probability of causing, severe emotional distress;
- A causal connection between the conduct and injury; and
- severe emotional distress.
5
Q
Conversion: 3 Elements and Six Factors of Substantial Dominion
A
- PLNTF’s ownership
- DEF must intend to exercise substantial dominion over another’s chattel
- Damages
Factors: (a) Unauthorized control (b) Extent and duration of control (c) DEF’s intent to assert a right to the property (d) DEF’s good faith (e) Harm done (f) Expense or inconvenience caused
6
Q
Trespass to Chattels 3 Elements:
A
- DEF intentionally and without justification or consent;
- Physically interfered with the use or enjoyment of PLNTF’s personal property;
- PLNTF was thereby harmed
7
Q
Trespass to Land 3 Elements
A
- PLNTF must prove ownership or possessive interest in the land;
- Intentional and tangible invasion, intrusion, or entry by DEF;
- That harms PLNTF’s interest in exclusive possession
8
Q
A