Intentional Torts - Causes of Actions Flashcards
Assault
intentional act where the wrong doer has intent and apparent present ability and the victim has awareness and apprehension and provides no consent
Assault Elements
Wrongdoer must have:
1. Intent
2. Apparent present ability
Victim must have:
1. Awareness & Apprehension
2. No consent
Battery
the intentional harmful or offensive touching of another without consent
Battery Elements
- Intentional
- Harmful OR offensive touching of another
- Without consent
False Imprisonment
the intentional and non consensual confinement of another without any reasonable means of escape and the plaintiff is aware of the confinement or is injured
False Imprisonment Elements
- Intent
- Lack of consent
- Confinement
- No reasonable means of escape
- Awareness of confinement or injury
Trespass to Property
the intentional entry upon the land of another without consent
Trespass to Property Elements
- Intentional entry by D
- P’s land
- No consent of P
Trespass to Chattels
the intentional temporary interference with the personal property of another without consent
Trespass to Chattels Elements
- Intentional act by D
- Temporary interference
- The personal property of P
- No consent of P
Conversion
the intentional act of permanently or substantially changing another’s personal property without consent
Conversion Elements
- Intentional act by D
- Substantial or permanent change
- Personal Property of P
- No consent of P
Intentional Infliction of Emotional Distress
the extreme and outrageous conduct that intentionally causes severe emotional distress of another
Intentional Infliction of Emotional Distress Elements
- Extreme and outrageous conduct by D
- Intentional act by D
- Is the cause of
- Severe emotional distress of P
Prima Facie Tort
whenever one person intentionally does damage to another without just excuse
