Intentional torts

Question 1

Battery

Answer 1

A plaintiff must prove by a preponderance of the evidence that the defendant acted with intent to cause a touch without the plaintiff’s consent and that a harmful or offensive touch resulted

Question 2

Assault

Answer 2

A plaintiff must prove by a preponderance of the evidence that the defendant acted with intent to cause apprehension of an imminent or immediate touch without the plaintiff’s consent and that such apprehension occurred

Question 3

False imprisonment

Answer 3

A plaintiff must prove by a preponderance of the evidence that the defendant acted with intent to confine the plaintiff or a third person within the boundaries fixed by the defendant and that the defendant’s act directly or indirectly results in such confinement where the plaintiff has no reasonable means of escape and is conscious of the confinement or is harmed by it

Question 4

Trespass to land

Answer 4

A plaintiff must prove by a preponderance of the evidence that the defendant acted with intent to enter the land themselves or by an object and that there was an actual intrusion on the land

Question 5

Trespass to chattels

Answer 5

A plaintiff must prove by a preponderance of the evidence that the defendant intended to affect the chattel by dispossessing, intermeddling, or using it, which resulted in the dispossession, damage, or substantial loss of use of the chattel

Question 6

Conversion

Answer 6

A plaintiff must prove through a preponderance of the evidence that he has ownership or right to possession of the property; the defendant acted intentionally to exercise dominion and control over the plaintiff’s personal property, and the interference deprived the plaintiff of possession or use of the property or that the interference caused damages to the plaintiff’s chattel