Intentional Torts

Question 1

Elements of Assault

Answer 1

a) Acts intending to cause a harmful or offensive contact or imminent apprehension of contact, and;

b) The other is thereby put in such imminent apprehension

Question 2

Elements of Battery

Answer 2

a) Acts intending to cause a harmful or offensive contact or imminent apprehension of contact, and;

b) And offensive contact occurs.

Question 3

Elements of Intentional Infliction of Emotional Distress IIED

Answer 3

1) If conduct is Extreme and outrageous and;

2) Based on intent to cause severe emotional harm or on a reckless disregard of such harm.

3) Severe emotional harm was caused by the conduct.

Question 4

Elements of False Imprisonment

Answer 4

1) Defendant intentionally confines or instigated the confinement

2) plaintiff held against their will

3) Plaintiff must have been aware of confinement

4) For any period of time, in any size of space

Question 5

Elements of Trespass

Answer 5

1) One who intentionally enters or causes tangible entry upon the land in possession of another is a trespasser unless the entry is privileged or consented to

Question 6

Elements of Trespass to Chattel

Answer 6

1) Chattel is impaired as to its condition, quality, or value

2) Possessor deprived of use of the chattel for a substantial time (dispossessed)

3) Bodily harm to the possessor or to a person/thing

4) To person or thing which possessor has a legally protected interest

Question 7

Elements of trespass of nuisance

Answer 7

1) repeated or substantial

2) impact use and enjoyment of property