Intentional Torts to Person

Question 1

Assault Elements

Answer 1

1. an affirmative act by the defendant;
2. done with the intent to place the plaintiff in apprehension;
3. of an imminent harmful or offensive contact to his person that actually causes the plaintiff such apprehension.

Question 2

Doctrine of Transferred Intent

Answer 2

The intent to inflict a battery satisfies the intent requirement for assault

Question 3

Act requirement

Answer 3

Generally not satisfied by words alone

Question 4

Battery Elements

Answer 4

1. an act by the defendant that brings about a harmful or offensive contract to the Plaintiff’s person;
2. intent on the part of the defendant to bring about harmful or offensive contact to the plaintiff’s person; and
3. causation

Question 5

Intent & Battery

Answer 5

Defendant does not need to intend injury. just needs intent to bring about a harmful or offensive contact

Question 6

Battery - Defendant’s Liability

Answer 6

also liable when he sets in motion a force that brings about the harmful or offensive contact

Question 7

False Imprisonment

Answer 7

1. an act or omission to act by defendant that confines or restrains plaintiff to a bounded area;
2. intent on defendant’s part to confine or restrain the plaintiff; and
3. causation

Question 8

IIED

Answer 8

1. an act by defendant amounting to extreme and outrageous conduct;
2. intent on the part of the defendant to cause plaintiff to suffer sever emotional distress, or recklessness as to the effect of defendant’s conduct;
3. causation; and
4. damages - ie. severe emotional distress