Intentional Torts

Question 1

Intentional Tort

Answer 1

intent inferred from the conduct and surrounding circumstances. Consent is Express or implied

Question 2

2 prongs of intnet

Answer 2

satisfy 1 to show required intent. 1. def acts with the purpose or objective to bring about the tort. 2. def acts with knowledge or substantial certainty that the tort will result from the conduct

Question 3

Intent

Answer 3

acting FOR THE PURPOSE of inflicting harmful or offensive contact on the plaint, or Realizing that such a contact is SUBSTANTIALLY CERTAIN to result in harm or offense

Question 4

intentional torts to persons

Answer 4

battery (harmful conduct);
battery (offensive conduct);
Assault; false imprisonment; Intentional infliction of emotional distress

Question 5

Intentional Torts to Economic/Dignitary interests

Answer 5

extreme and outrageous conduct; intentionally or recklessly cause severe emotional distress; fraudulent misrepresentation; malicious prosecution; probable cause; abuse of process; interference with contractual relations; wrongful use of civil proceedings; abuse of process

Question 6

battery (harmful conduct)

Answer 6

acts intending to cause a harmful or offensive contact with the person of the person of the other or a third person, or imminent apprehension of contact AND harmful contact with the person directly or indirectly results

Question 7

Battery (offensive conduct)

Answer 7

intending to cause a harmful or offensive contact with person of the other or 3rd person, or an imminent apprehension of such a contact AND offensive contact with the person of the other directly or indirectly results

Question 8

Battery (general)

Answer 8

must be intentional, harmful/offensive contact occurs, mere words never justify battery but jury can use to mitigate damages

Question 9

Assault

Answer 9

harmful/offensive contact or imminent apprehension of such contact; mere words not assault; SEE THE ACT COMING; overt act (physical act, words + physical gesture); reasonable apprehension; immediacy

Question 10

False Imprisonment

Answer 10

intending to confine plaint or 3rd party w/in the boundaries, direct or indirect, P must be CONSCIOUS of confinement or is harmed by it; not confined if reasonable means of escape

Question 11

Shopkeepers rule

Answer 11

can restrain for shoplifting if reasonable belief, manner, and length of time

Question 12

Intentional Infliction of Emotional Distress

Answer 12

outrageous conduct causing severe emotional distress: context, relationship of parties, duration of the conduct, P susceptibility to emotional distress;

Question 13

Fraudulent Misrepresentation

Answer 13

liable if fraudulently makes misrepresentation of fact, opinion, intention, or law; intend to induce another to act or rely on the misrep, P actually relied upon the misrep

Question 14

malicious Prosecution

Answer 14

prosecution brought without prob cause or other reason not justice

Question 15

Malicious Crim Prosecute

Answer 15

initiates crim proceedings against someone who is not guilty when there is no prob cause; primarily done for purpose other than justice

Question 16

Malicious Civl Prosecut

Answer 16

civil proceedings without probable cause and purpose other than proper adjudication

Question 17

Interference with contractual relations

Answer 17

intentional interference w/ performance of K by 3rd person; intentionally and improperly interfering with perofmance of a K between another and a 3rd party by inducing or causing 3rd party to no perform K