Intentional Torts

Question 1

Battery

Answer 1

Intentional and non-consented touching of another that causes harm or offense.
- Vosburg v. Putney (little boy kicks other boy on leg)

Elements

1. Intentional
2. Unpermitted act causing offensive or harmful
3. Touching of another person

Question 2

Assault

Answer 2

1. Intentional
2. Threat of force* against a person that causes
3. Reasonable fear or apprehension of
4. Immediate/Imminent contact/harm
   * Can be a gesture or words

An intentional act that causes another to fear and react to a perceived imminent battery.
*The main element of Assault is the apprehension of the P

• Intent (purpose or knowledge) to cause apprehension of contact
• A threatening gesture

Question 3

Types of Claims for Intentional Torts Against Persons

Answer 3

Assault

Battery

False Imprisonment

Intentional Infliction of Emotional Distress (IIED)

Question 4

Defenses to Intentional Torts

Answer 4

Consent

Self Defense and Defense of Others (Objective)

Mental Disability (When Tortfeasor Intended the Act)

Necessity

Reasonable Defense of Property

Qualified Immunity

Question 5

Transferred Intent (2 kinds)

Answer 5

• Transferred Intent between Torts
  i. e. Meant to commit assault, but accidently made contact (Battery)
• Transferred Intent between Victims:
  i. e. Meant to throw stick at A, but hit B (Talmage)