Part 3 (Basic Intentional Torts) Flashcards
What are the 7 Intentional Torts?
- Battery
- Assault
- False Imprisonment
- Trespass to Land
- Trespass to Chattels
- Conversion
- IIED
What are the 4 Concepts of Intent?
- Intent to Injure
- Intent and Mistake
- Intent and Insanity
- Transferred Intent
What are the two types of Intent?
Specific Intent and General Intent
What is Intent?
Basically, the state of mind about consequences or results
What is Specific Intent?
PURPOSE, the actor subjectively desires the consequences
What is General Intent?
KNOWLEDGE, the actor knows with substantial certainty that the consequences will result
What is Transferred Intent?
The intent of harming one person is transferred unintentionally to another
What is IIED
The tort of outrage, Intentional/Reckless Infliction of Severe Emotional Distress
What are the 5 elements of Malicious Prosecution?
A Def. who…
- with improper purpose
- and an absence of probable cause for prosecution
- Institutes criminal proceedings against plaintiff
- that are favorably terminated for plaintiff and
- damage to plaintiff results
What is Emotional Distress?
fright, shock, humiliation, inability to lead previous life, anger, and anxiety about the future
What are the 2 elements of Trespass to Land?
- Intent to be present
2. Unconsented physical presence on, under, or above the land of another
What are the 3 elements of Trespass to Chattel?
- Intent to affect the chattel
- Minor interference with another’s possessory interest in the chattel
- Absent dispossession, damage to the chattel
What is Dispossession?
to take away possession of something
