Topic 12: Intentional Torts

Question 1

What are the four primary intentional torts?

Answer 1

Assault, Battery, False Imprisonment, Infliction of emotional harm (Tort in wilkinson)

Question 2

What are the elements for Battery?

Answer 2

Touching, Intentional act, unlawful, and directness

Question 3

What are the elements of Assault?

Answer 3

Intentional Act, directness, unlawful, caused reasonable apprehension

Question 4

What are the elements of False Imprisonment?

Answer 4

Intentional Act, directness, unlawful, complete restriction of liberty

Question 5

What are the elements of the tort in Wilkinson?

Answer 5

Conduct, Mental, and Consequence

Question 6

Can transferred intent be sufficient in Battery?

Answer 6

Yes; along with recklessness and omissions

Question 7

What are the limits to reasonable apprehension in Assault?

Answer 7

The resultant battery must be in the realm of possibilities (Thomas v National Union of Mineworkers), the perpetrators must be competent enough to commit the battery (Mbasogo v Logo Ltd)

Question 8

What are conditional threats in Assault?

Answer 8

If the threat is based on D’s actions then there will be no assault, however, if it is based on C’s actions then there will be an Assault

Question 9

What are the general defences to the intentional torts?

Answer 9

Consent, Necessity, and Self-defence