Intentional Torts

Question 1

Battery (Definition)

Answer 1

Intentional contact with the person of another without consent.

Question 2

Battery (Elements)

Answer 2

1. Intentional contact. 2. Harmful or offensive. 3. Without consent.

Question 3

Assault (Definition)

Answer 3

Intentional placing of another in reasonable apprehension of receiving a battery.

Question 4

Assault (Elements)

Answer 4

1. Intentional act. 2. Reasonable apprehension. 3. No physical contact required.

Question 5

False Imprisonment (Definition)

Answer 5

Intentional confinement of another without consent.

Question 6

False Imprisonment (Elements)

Answer 6

1. Intentional confinement. 2. Without consent. 3. No reasonable means of escape.

Question 7

Intentional Infliction of Emotional Distress (Definition)

Answer 7

Extreme and outrageous conduct intended to cause severe emotional distress.

Question 8

Intentional Infliction of Emotional Distress (Elements)

Answer 8

1. Intentional or reckless conduct. 2. Extreme and outrageous. 3. Severe emotional distress.

Question 9

Trespass to Land (Definition)

Answer 9

Intentional entry onto the land of another without consent.

Question 10

Trespass to Land (Elements)

Answer 10

1. Intentional entry. 2. Onto another’s land. 3. Without permission or lawful authority.

Question 11

Trespass to Chattels (Definition)

Answer 11

Intentional interference with another’s personal property without consent.

Question 12

Trespass to Chattels (Elements)

Answer 12

1. Intentional interference. 2. With personal property. 3. Without consent.

Question 13

Conversion (Definition)

Answer 13

Intentional exercise of control over another’s property that seriously interferes with their rights.

Question 14

Conversion (Elements)

Answer 14

1. Intentional control. 2. Serious interference. 3. Over another’s property.

Question 15

Invasion of Privacy (Definition)

Answer 15

Unwarranted intrusion into another’s private life for an improper purpose.

Question 16

Invasion of Privacy (Elements)

Answer 16

1. Intrusion into private space. 2. Without consent. 3. Highly offensive to a reasonable person.

Question 17

Defamation (Definition)

Answer 17

A false or defamatory statement made by an unprivileged publication to another that causes harm to reputation.

Question 18

Defamation (Elements)

Answer 18

1. False statement. 2. About the plaintiff. 3. Harm to reputation.

Question 19

Fraud (Definition)

Answer 19

Misrepresentation or suppression of the truth made with intent to deceive or gain an unjust advantage.

Question 20

Fraud (Elements)

Answer 20

1. Misrepresentation or suppression. 2. Intent to deceive. 3. Reliance by the plaintiff. 4. Damages.

Question 21

Malicious Prosecution (Definition)

Answer 21

Wrongful initiation of a legal proceeding with malice and no probable cause.

Question 22

Malicious Prosecution (Elements)

Answer 22

1. Plaintiff was defendant in original case. 2. Case terminated in plaintiff’s favor. 3. No probable cause. 4. Malicious intent.

Question 23

Abuse of Process (Definition)

Answer 23

Unlawful use of legal proceedings for an ulterior purpose.

Question 24

Abuse of Process (Elements)

Answer 24

1. Improper use of process. 2. Ulterior purpose. 3. Resulting harm.