Intentional Towts

Question 1

Definition of battery

Answer 1

Intentional infliction of harmful or offensive contact with the person or the plaintiff

Question 2

Dual-intent (battery)

Answer 2

Intends contact AND Intends to harm or offend

Question 3

Single-intent (battery)

Answer 3

Intends contact

Question 4

Knowledge Intent

Answer 4

Knowledge intent states that the plaintiff is substantially certain that this will cause damage

An act that is not done with the intention stated in subsection (1,a) does not make the actor liable to the other person.

Question 5

Battery elements

Answer 5

Intent Single intent: intent to contact
Dual intent: intent to contact + intent to harm other
Is always subjective

Contact: Direct or indirect touch of the body or item closely associated to the body

Harmful or offensive: Harmful or offense is objective

Question 6

Definition of Assualt

Answer 6

An unlawful attempt to commit a battery where an intentional, unlawful, offer to touch the person of another in a rude or angry manner under such circumstances as to create in the mind of the party alleging assault a well-founded fear of an imminent battery, coupled with the apparent present ability to effectuate the attempt, if not prevented.

Question 7

Elements of assault

Answer 7

1) Act with intent to place the victim in apprehension of an imminent harmful/offensive contact
AND
2) The victim must have reasonably been placed in apprehension of imminent, harmful, or offensive contact

Question 8

Wrongful imprisonment elements

Answer 8

Elements: 1) the defendant intended to confine them, (2) the plaintiff was conscious of the confinement, (3) the plaintiff did not consent to the confinement (4) the confinement was not otherwise privileged.

Question 9

Intentional infliction of emotional distress elements

Answer 9

1) Intent to cause plaintiff severe emotional distress
a) Intent is always satisfied by purpose or knowledge to substantial certainty
2) Transfer intent does not work between victims.
3) Conduct must be extreme and outrageous enough to cause the reasonable person emotional distress
a) EXCEPTION: If the defendant of the special
sensitivity of the plaintiff
4) The plaintiff must prove that the the plaintiff actually suffered severe emotional distress due to the defendant’s conduct.