Intentional Torts Flashcards
What is an Intentional Tort?
Intent to cause injury exists where the actor actually means to cause injury by his or her conduct or where injury is almost certain to occur from the actor’s conduct.
For Battery, Intent to Contact can be satisfied with proof that the defendant did one of what two things?
- Desired to cause a contact that was harmful or offensive
2. Was substantially certain that such a contact would occur
It is not essential that the precise injury that was done be the one intended. The tort or battery only requires…
…that the actor intend a conduct that is harmful or offensive.
What is Contact that is Offensive?
Conduct that must offend an ordinary person’s reasonable sense of dignity. It must therefore must be contact which is unwarranted by social norms.
What is Contact that is Harmful?
Any physical impairment of the condition of another’s body, or physical pain or ill
What is Dual Intent?
intent to cause bodily contact AND intent to cause harm or offense.
What is Single Intent?
intent to cause bodily contact that turns out to be either harmful or offensive.
What are the three types of Damages for Intentional Torts?
- Compensatory Damages
- Punitive Damages
- Nominal Damages
What are Compensatory Damages awarded for?
Harms suffered.
What are Punitive Damages awarded with the intention of?
They are intended to punish the defendant rather than to compensate the plaintiff.
Nominal Damages may be awarded when?
the plaintiff has suffered an injury but no harm.
Define Assault
Protects one’s interest in being free from apprehension of imminent harmful or offensive contact. Basically it is the invasion of the plaintiff’s peace of mind by causing apprehension of imminent contact without regard to whether the contact occurs.
(Intending Apprehension of Imminent Contact)
A plaintiff must satisfy the intent requirement by…
…showing that the defendant desired or was substantially certain that an apprehension of imminent harmful or offensive contact would result from the defendant’s act.
What does Transfer of Intent Among People allow for?
…allows a plaintiff who suffers a harmful or offensive contact to recover for a battery even if the defendant intended only an assault and allows a plaintiff who suffers apprehension of imminent harmful or offensive contact to recover for an assault even if the defendant only intended battery.
What is Transfer of Intent Among People?
If defendant intends to assault and batter one person but ends up doing it to another, the defendant will be liable to the other as if the other had been the intended target.
