Intentional Torts (long rule statements)

Question 1

Asssault

Answer 1

Assault is an intentional act that causes a person to experience a reasonable apprehension of an imminent harmful or offensive contact. Intent is present when, from the actor’s perspective, the harm shows proof of purpose (desire) OR with substantial certainly (knowledge) such harm is likely to occur. Reasonable apprehension is determined by demonstrating that a reasonable person, under the same circumstances, would have apprehension of contact. Imminent means in almost immediately. Harm or offensive contact is also determined by conduct that one of a reasonable person would deem harmful or offensive.

Question 2

Battery

Answer 2

A battery is an intentional act by the defendant which causes the plaintiff a harmful or offensive contact without the plaintiff’s consent. Intent is present when, from the actor’s perspective, the harm shows proof of purpose (desire) OR with substantial certainly (knowledge) such harm is likely to occur. Harmful or offensive contact is when it offends a reasonable sense of personal dignity or is unauthorized touching. Actual consent, expressed consent, inferred consent (need to define)

Question 3

False Imprisonment

Answer 3

False imprisonment is an intentional act by the defendant which causes the Plaintiff to be within fixed boundaries set by the defendant without their consent. The defendant must use force, threat of force, or legal assertion. In additional, there must be a lack of reasonable exit and the plaintiff must have suffered harm or had knowledge that they were confined.

Intent is defined by the personal desire to confine the P or knowledge that their acts would more than likely result in the Plaintiff being confined. Fixed boundaries means that the Defendant set these boundaries and it must be boundaries that very much limit the P’s ability to leave. A reasonable exit is only reasonable so long as it is very clear that there is an exit and so long as it would not harm the P to try and leave through this exit. If the plaintiff does not sustain some kind of harm, the plaintiff must have knowledge that she is being confined. This means that must be fully awake and conscious.

Question 4

IIED

Answer 4

Intentional Infliction of Emotion Distress is when the defendant acted in a manner to intentionally cause the plaintiff emotional distress without the plaintiff’s consent. The defendant’s conduct but be extreme and outrageous and it must be because of this behavior that it have actually caused the plaintiff to suffer from severe emotional distress.

Intent is defined by the personal desire to inflict emotional distress or knowledge that their acts would inflict emotional distress. (consent:defined). Extreme and outrageous is conduct that is so inappropriate and outside the bounds of what is accepted by society. The suffering of severe emotional distress is define as a kind of duress that no reasonable person is expected to endure.

Trespass to land is the defendant’s intentional act to enter onto the land of another’s without the land owner’s consent. For this tort, the intent is defined by the knowledge or personal desire to enter onto the land of another’s. The owner’s land includes on, above, or under the physical part of the land.