Torts

Question 1

elements of intentional torts

Answer 1

Act, intent, causation

Question 2

What is transferred intent and what tort does it apply to?

Answer 2

Intend to commit a tort against a person but committed to a different tort to the same person 2) intend to commit a particular tort against a person but committed a different tort to the same person; 3) intend to commit a particular tort but committed a different tort to a different person.

Transferred intent applies to assault, battery, false imprisonment and trespass.

Question 3

what is battery

Answer 3

Battery is intentional act by defendant which causes a harmful and offensive touching to another person

Question 4

What constitutes a harmful and offensive touching?

Answer 4

harmful or offensive touching is evaluated using a reasonable person standard.
Harmful or offensive contract can be direct or indirect and includes contact with the plaintiff and with anything connected with the person. For contact which is ordinary day-to-day contact, there is implied consent even if the touching is harmful or offensive.

Question 5

What constitutes tortious assault?

Answer 5

Assault is intentional act by defendant which causes reasonable apprehension of immediate harmful or offensive touching.
fear and intimidation are not sufficient.
If it reasonably appears to the plaintiff that the defendant cause harmful or offensive touching, assault may be established even if the defendant