torts

Question 1

intentional torts: to establish prima facie case P must prove:

Answer 1

act by D- volitional movement
Intent- (i) specific or (ii) general
Causation- result must be legally caused by D’s act, D set it in motion, “substantial factor” in bringing about the injury

Question 2

Intentional tort:
Battery- elements

Harmful or offensive conduct; 
to plaintiff's person;
intent and
causation
**Damages NOT REQUIRED

Answer 2

harmful or offensive conduct- unpermitted by a reasonable person; causes actual injury pain or disfigurement

contact can be indirect or direct

plaintiff’s person- anything connected or attached to P

Question 3

Intentional tort:
Assault- (violation of a peace of mind w/ threat of battery) elements

act by D creating a reasonable apprehension;
of immediate harmful or offensive contact;
intent and
causation

**Damages NOT REQUIRED

Answer 3

reasonable apprehension- P must be aware of the threat from D’s act

words alone aren’t sufficient- NEED CONDUCT; words can negate reasonable apprehension

Must be menacing gesture; immediate battery

Question 4

Intentional tort:
False Imprisonment- elements

act or omission by D that confines or restrains P to a bounded area;
intent;
and causation
**DAMAGES NOT REQUIRED

Answer 4

sufficient acts of restraint: physical barrier, physical force, threats of force (or calling police), failure to release and invalid use of legal authority

P must know of the confinement or be harmed by it

bounded- freedom of movement is limited in all directions and NO reasonable means of a known escape