Torts 1-6

Question 1

What are the general elements for Intentional Torts?

Answer 1

A voluntary act;

Committed with intent; AND

Causation.

Specific Intent = a desire for the action to cause resulting circumstances.

General Intent = a person is substantially certain that conduct will cause resulting circumstances.

Priority: HIGH

Question 2

What are the elements of Battery?

Answer 2

When there is:

An intentional,

Harmful or offensive contact,

With the plaintiff’s person.

Bodily harm is physical pain, illness, or impairment to another’s body.

Priority: HIGH

Question 3

What are the elements of Assault?

Answer 3

When there is:

An intentional act,

That causes the plaintiff to be placed in reasonable apprehension (aware of the act and believes that the defendant is able to commit it),

Of imminent harm or offensive contact.

Question 4

When is an act deemed Intentional for the tort of Assault?

Answer 4

If it’s done:

For the purpose of causing apprehension; OR

With knowledge to a substantial certainty that such apprehension will result.

Priority: N/A

Question 5

When is a defendant liable for

False Imprisonment?

Answer 5

When he:

Intentionally acts (purposely or knowing that it’s substantially likely to occur),

To restrain the plaintiff to fixed boundaries, AND

The plaintiff is conscious of the confinement OR is harmed by it.

*The restraint may be threats and DOES NOT need to be physical or stationary.

Priority: Medium

Question 6

What are the elements of

Intentional Infliction of Emotional Distress?

Answer 6

The defendant acted intentionally or recklessly;

Their conduct was extreme and outrageous;

The act caused extreme emotional distress; AND

The plaintiff actuallysuffered severe emotional distress.

*An act is reckless if it’s a deliberate disregard of a high risk that emotional distress will follow.

Priority: HIGH