Intentional Torts Flashcards
1
Q
Intent Requires:
A
Either desire to cause a contact or knowledge of substantial certainty that such contact would occur
2
Q
Battery requires:
A
- Intent to cause a harmful or offensive contact
- That such contact occurs
3
Q
Assault Requires:
A
- Tortfeasor acts with the required intent with the person or a third person
- The act creates in the mind of the plaintiff a reasonable apprehension of imminent battery.
4
Q
False Imprisonment Requires:
A
- Intentional Confinement of an individual
- Individual (plaintiff) is conscious of confinement
- There is no reasonable means of escape for the individual (plaintiff)
- Boundaries of confinement must be fixed by the defendant
5
Q
Trespass to Land Requires:
A
(1) An intentional act that (2) causes
the physical (3) unprivileged
(4) intrusion of the property
6
Q
Trespass to Chattel Requires:
A
- Chattel condition, quality or value is impaired; or
- Possessor of chattel is deprived of usage for substantial length of time; or
- Bodily harm caused to possessor or to some person or thing possessor has legally protected interest in
7
Q
Conversion distinction:
A
Intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that actor maybe be required to pay the owner full value of the chattel
8
Q
Intentional Infliction of Emotional Distress requires that:
A
- The conduct is intentional
- The conduct is extreme and outrageous
- A causal connection exists between the conduct and the emotional distress
- The emotional distress is severe