Intentional Torts

Question 1

Intent

Answer 1

May be specific: purpose in acting was to bring about specific consequences
General: knows with substantial certainty that consequences will result

Question 2

Transferred intent

Any Bad Fact Tort to Tort

Answer 2

Either intent transferred from one person to another or from one tort to another
IT IS ONLY AVAILABLE if both tort and intended tort are one of following:
Assault
Battery
False imprisonment
Trespass to land
Trespass to chattels
(meaning not available to IIED and Conversion)

Question 3

Battery

Answer 3

Harmful or offensive contact
To plaintiff's person
Without consent
(with intent
and causation)
(remember the eggshell rule)
DAMAGES NOT REQUIRED

Question 4

Assault

Answer 4

*Act by D creating reasonable apprehension (fear not necessary)
*Of immediate harmful or offensive contact w plaintiff’s person (P must be aware AND D must have apparent ability) Words are not enough to create apprehension but can Negate apprehension
Immediacy
Intent
Causation BUT actual damages not required, can recover nominal damages

Question 5

False imprisonment

Answer 5

i) act or omission by D that confines P to bounded area; 2)intent to confine P and iii) causation (of “damages” which include P being aware of being confined). period of time irrelevant.