Intentional Torts

Question 1

Intent

Answer 1

Intentional torts require the intent to do the act, not the intent to cause the particular harm.

Question 2

Assault

Answer 2

Assault requires:

(1) a volitional act
(2) done with the intent to cause either (a) harmful or offensive contact or (b) an apprehension of imminent harmful or offensive contact that
(3) actually and
(4) proximately causes
(5) the reasonable apprehension of harmful or offensive contact

Question 3

Battery

Answer 3

Battery requires:

(1) a volitional act
(2) done with the intent to cause either (a) harmful or offensive contact or (b) an apprehension of imminent harmful or offensive contact that
(3) actually and
(4) proximately causes
(5) harmful or offensive contact

Offensive contact is an objective test.

Question 4

False Imprisonment

Answer 4

Requires:

(1) an act intending to confine someone within the 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.

Confinement includes denial of the means to leave the particular boundaries set by the defendant.

Question 5

Trespass to Chattels

Answer 5

The elements of a trespass to chattels are:

(1) an act which is an intermeddling or dispossession
(2) of the personal property
(3) of another
(4) which causes harm to, or the loss of use of, the personal property.

Question 6

Conversion

Answer 6

The elements are phrased as the

(1) interference with plaintiff’s right of possession
(2) that is serious enough in result to warrant that defendant pays the full value of the chattel.

Question 7

Intentional Infliction of Emotional Distress

Answer 7

(1) Intent to cause severe emotional distress; and (2) extreme and outrageous conduct that (3) causes severe emotional distress.

Question 8

Abuse of Process

Answer 8

Abuse of process involves using a legitimate process, such as filing a complaint, service, discovery, etc. for a wrongful purpose and an act or threat against the plaintiff to accomplish the wrongful purpose.

Question 9

Malicious Prosecution

Answer 9

Malicious prosecution is the intention of civil or criminal proceedings without probable cause, for a wrongful purpose, and the favorable termination of the proceedings on the merits.

Question 10

Trespass

Answer 10

Trespass is the entry onto or remaining upon land in the possession of another without a privilege to do so created by the possessor’s consent or otherwise. Mistake is not a defense to trespass.