Intentional Torts Flashcards
What is Assault?
Assault is
(1) a volitional act
(2) done with the intent to cause either harmful or offensive contact or an apprehension of imminent harmful or offensive contact that
(3) causes the reasonable apprehension of harmful or offensive contact.
What is Battery?
Battery is
(1) a volitional act
(2) done with the intent to cause either harmful or offensive contact or an apprehension of imminent harmful or offensive contact that
(3) causes harmful or offensive contact.
What is False Imprisonment?
False imprisonment is
(1) an act intending to confine someone within boundaries fixed by the actor,
(2) directly or indirectly resulting in such confinement, and
(3) the confined person is either conscious of the confinement or harmed by it.
What is Trespass to Chattel?
Trespass to chattel is
(1) an intentional act which is an intermeddling (directly damaging the chattel) or dispossession
(2) of the personal property
(3) of another
(4) which causes harm to, or loss of use of, the personal property.
What is Conversion?
Conversion is
(1) an intentional act that interferes with plaintiff’s right to possession of a chattel
(2) so seriously (e.g. destroying the property) that it warrants requiring the defendant to pay the chattel’s full value.
What is Trespass to Land?
Trespass to land is the intentional physical invasion of plaintiff’s real property (by one’s person or a tangible object).
What is Intentional Infliction of Emotional Distress? (IIED)
Intentional infliction of emotional distress is
(1) intentionally or recklessly conduct
(2) so extreme and outrageous conduct that
(3) causes severe emotional distress.
What damages are required for Intentional Infliction of Emotional Distress? (IIED)
Actual damages (for severe emotional distress), and not merely nominal damages, are required.
When can a Bystander recover for Intentional Infliction of Emotional Distress?
When the defendant intentionally causes physical harm to a third person, and the plaintiff bystander suffers severe emotional distress, he can also recover if:
(1) he was present when the injury occurred,
(2) he is a close relative of the injured person, and
(3) the defendant knew of his presence and close relation.
What is Abuse of Process?
Abuse of process is
(1) the wrongful use of the legal process (e.g. to harass or waste time) for a wrongful purpose, and
(2) a definite act or threat against the plaintiff in order to accomplish the wrongful purpose.
What is Malicious Prosecution?
Malicious prosecution is
(1) the initiation of a civil or criminal proceeding,
(2) without probable cause,
(3) for a wrongful purpose, and the
(4) termination of the proceedings in plaintiff’s favor resulting in damages.
What is the difference between Abuse of Process and Malicious Prosecution?
Abuse of process is doing a permissible thing for an impermissible reason. Malicious prosecution is doing an impermissible thing for an impermissible reason.
List all the Intentional Torts?
Assault Battery False Imprisonment Trespass to Chattels and Conversion Intentional Infliction of Emotional Distress Abuse of Process Malicious Prosecution
What is the Shopkeeper’s Priviledge
Where a shopkeeper or their agent have reasonable grounds to believe theft has occurred, he or she may detain a person for a reasonable time and in a reasonable manner to ascertain what has happened.
Recite Each of the Intentional Tort Rule Statements.
Intentional Torts
Assault: A volitional act done with intent to cause either a harmful or offensive touching or an apprehension of an imminent harmful or offensive touching that causes the reasonable apprehension of a harmful or offensive touching
Battery: A volitional act done with intent to cause either a harmful or offensive touching or an apprehension of imminent harmful or offensive touching that causes a harmful or offensive touching
False Imprisonment: An intentional act intending to confine someone within boundaries fixed by the actor, directly or indirectly resulting in such confinement, and the confined person is either conscious of the confinement or harmed by it
Trespass to Chattel: An intentional act which is an intermeddling or dispossession of the personal property of another which causes harm to, or loss of use of, the personal property
Conversion: An intentional act that interferes with plaintiff’s right to possession of a chattel so seriously that it warrants requiring the defendant to pay the chattel’s full value.
Trespass to Land: The intentional physical invasion of plaintiff’s real property by one’s person or tangible object.
IIED: Extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress (Bystanders: When defendant intentionally causes physical harm to a third person, and plaintiff bystander suffers severe emotional distress, he can also recover if he was present when the injury occurred, he is a close relative of the injured person, and the defendant knew of his presence and close relation)
