TORTS

Question 1

Intent

Answer 1

A D acts intentionally if he desires to prodce a legally forbideen consequence.

Question 2

Tranferred Intent Principle

Answer 2

If D desires to produce legally forbidden conseqence, still liable even if a different consequence results. Even if different person is affected.

Question 3

A D who commits an intentional tort will not be able to use an ___________ defense.

Answer 3

incapacity

Question 4

7 Intentional Torts

Answer 4

1. Battery
2. Assault
3. False Imprisonment
4. Intentional Infliction of Mental Distress
5. Trespass to Land
6. Trespass to Chattels
7. Conversion

Question 5

Battery

Answer 5

1. D must commit harmful or offensive contact

2. Contact must be with Plaintiff’s person

Question 6

The Harmful or offesnive contact element of battery means

Answer 6

harmful = know it if you see it. will be clear–> hurt or dead.

offensive= ask whether it would be un-permitted by a reasonable or normal person (objective)

Question 7

The “contact must be with plaintiff’s person” requirement of battery includes

Answer 7

anything the P is holding, touching, or carrying. Anything you’re connected to is an extension of your person.

e.g. purse, woman on a horse.

Question 8

Assault

Answer 8

1. D places P in reasonable apprehension

2. Apprehension must be of an immediate battery.