Intentional Torts Flashcards
What is battery?
An intentional act that causes harmful or offensive contact with another.
What is assault?
An intentional act that causes reasonable apprehension of imminent harmful or offensive contact.
What is false imprisonment?
The direct restraint of a person’s liberty within a bonded area that they are aware of or harmed by.
What is intentional infliction of emotional distress?
The intentional or reckless infliction of severe emotional distress as the result of one’s extreme or outrageous conduct.
What is trespass to land?
Intentionally entering, or causing the entry by a third party, onto the land of another, without permission.
What is trespass to chattel?
Intentionally interfering with the possession of another.
What elements must be proven to establish trespass to chattel?
- The chattel was impaired in condition, quality, or value,
- The owner was deprived of use of chattel for an extended period of time, OR,
- Harm was caused to the owner of the chattel or someone they are legally vested in.
What is conversion?
The intentional and substantial interference with one’s ones ownership, use, or right of possession of chattel, OR unjustifed and unwarranted dominion and control over another’s chattel where injury to the other results.
If a person unknowingly buys stolen goods from a thief, who is liable to the rightful owner of the goods for conversion?
Both the thief and the buyer are liable to the owner.
Is lack of wrongful intent a defense in a conversion action?
No.
What are the seven intentional torts?
Battery, Assault, False Imprisonment, Intentional Infliction of Emotional Distress, Trespass to Land, Trespass to Chattel, and Conversion
Which intentional torts CANNOT receive nominal damages?
Intentional infliction of emotional distress, Trespass to Chattel, and Conversion.
Which intentional torts can fall under the transferred intent doctrine?
Battery, Assault, False Imprisonment, Trespass to Land, and Trespass to Chattel
Is harm required in a case for physical trespass to land?
No. Even “bending a blade of grass” is enough.
Is harm required in a case for non-physical trespass to land?
Yes. There must be proof of harm.
What is general intent?
Acting without an intent to harm a specific person but knowing your actions might harm someone.
What is the mistake doctrine?
A good faith mistake does not negate intent.
This card is intentionally wrong to see if others can edit it. Add your name to the answer card to see if you can.
Happy Thanksgiving
Mark and his brother Lewis are eating at the Racetrack Cafe in Nashville, TN. As a joke, Lewis squirts a bottle of ketchup at Mark, who moves out of the way. The ketchup hits Pauline, who was sitting at the next table with her back to Lewis. Pauline, furious, stands and shouts at Lewis “I should stab you!” but doesn’t move towards him. Mark does not see she has not moved and reasonably thinks his brother is in danger, so he turns and tackles Pauline to the floor. Who in this scenario is liable for assault? To whom?
Only Lewis is liable for assault, to Mark, for squirting the ketchup at him, because Mark had reasonable apprehension of the ketchup coming in contact with him. Pauline had no apprehension of the ketchup squirting on her, her shouting at Lewis without moving towards him does not constitute assault, and while Mark tackling her is assault and battery, under TN’s law about the defense of others, he acted in reasonable apprehension of his brother being harmed, so he is not liable.
