Intentional Torts

Question 1

Intentional Torts

Answer 1

1. Intent
2. Act
3. Causation
4. Injury

Question 2

Intent

Answer 2

First element necessary to prove a tort

D acted with either:
1. Purpose
OR
2. Knowledge to a substantial certainty

Question 3

Specific Intent

Answer 3

D desired to bring about harm

Question 4

General intent

Answer 4

D acted with a substantial certainty that harm would be caused

Question 5

Transferred intent

Answer 5

D intended to cause harm to one person but instead caused harm to another

Question 6

Eggshell Skull Plaintiff Rule

Answer 6

D remains liable for all injuries that he caused in a susceptible plaintiff who had preexisting vulnerabilities

Question 8

Harmful contact

Answer 8

Bodily contact resulting in any physical impairment of the condition of another’s body, or physical harm, or illness

When a person:
1. Acts intending to cause a harmful or offensive contact with the person of another
AND
2. Harmful contact with the person of the other directly or indirectly results

Question 9

Offensive contact

Answer 9

Bodily contact that would offend a reasonable sense of personal dignity; would the ordinary person find it offensive

When a person:
1. Acts intending to cause a harmful or offensive contact with the other’s person
AND
2. An offensive contact with the person of the other directly or indirectly results

Question 11

Battery

Answer 11

Intentionally causing harmful or offensive contact to the person of another

1. An intentional act by the D
2. That causes harmful or offensive contact
3. To the P’s person

Question 13

Assault

Answer 13

Reasonable apprehension of imminent battery

1. Intentional act by D
2. That causes a reasonable apprehension in P
3. Of imminent
4. Harmful or offensive contact

Question 14

False imprisonment

Answer 14

Direct imprisonment of a person of the physical liberty without legal justification

1. D’s intentional
2. Restraint of P
3. That results in the confinement of P within a bounded area wherein
4. P is conscious of the confinement OR suffers some harm from it

Question 16

Intentional Infliction of Emotional Distress

Answer 16

Reckless or intentional conduct of an extreme or outrageous nature that causes the victim to suffer emotional distress

1. A D who intentionally or recklessly
2. Causes a P severe emotional distress
3. Due to D’s extreme or outrageous conduct

Question 18

Trespass to Land

Answer 18

Intentional entry to one’s real property without their permission

1. D’s intentional
2. Entry or interference with P’s exclusive POSSESSION
3. Without P’s permission

Question 20

Trespass to Chattels

Answer 20

Inter meddling or dispossession of personal property

1. D’s intentional
2. Interference with P’s use or possession
3. Of P’s personal property
4. That causes P some injury or damage

Question 22

Conversion

Answer 22

Substantial interference or destruction of another’s personal property

1. D’s intentional
2. Substantial interference with P’s ownership, use, or right of their personal property OR unjustifiable and unwarranted dominion and control of P’s personal property
3. Wherein injury to P results