Torts

Question 1

Liability for an Intentional Tort

Answer 1

Defendant acted with intent & their action caused the result that gave rise to liability.
1. Action 2. Intent 3. Causation

Question 2

Intentional Tort Children

Answer 2

Children liable if they formed requisite intent. Whether child was old enough to appreciate the riskiness of conduct is irrelevant

Question 3

Battery

Answer 3

P must prove that D intentionally inflicted harmful or offensive bodily contact with P’s person. D can be liable for direct or indirect contact. IE: sufficient if he sets in motion a force that brings about harmful or offensive contact with P’s person.

Question 4

Battery Intent

Answer 4

D’s intent to cause EITHER:

1. Harmful or offensive bodily contact or
2. an imminent apprehension by the P of a harmful or offensive bodily contact, which may be established by intent to commit an assault