Torts Overview

Question 1

Intentional Torts to Know

Answer 1

Battery
Assault
False imprisonment
Intentional infliction of emotional distress
Trespass to land
Trespass to chattels
Conversion

Betty Always Finds It Too Tough & Cries

Question 2

Battery Defined

Answer 2

A harmful of offensive contact with the plaintiff’s person intentionally caused by the defendant.

Question 3

Assault Defined

Answer 3

Intentional creation by the defendant of a reasonable apprehension of immediate harmful or offensive contact to the plaintiff’s person.

Question 4

False imprisonment defined

Answer 4

An intentional act or omission by the defendant that causes the plaintiff to be confined or restrained to a bounded area.

Question 5

IIED defined

Answer 5

Intentional extreme and outrageous conduct by the defendant that causes the plaintiff to suffer severe emotional distress.

Question 6

Trespass to land defined

Answer 6

An intentional act by the defendant that causes a physical invasion of the plaintiff’s real property.

Question 7

Trespass to chattels defined

Answer 7

An intentional act by the defendant that causes an interference with the plaintiff’s right of possession in a chattel, resulting in damages.

Question 8

Conversion defined

Answer 8

An intentional act by defendant that causes a serious interference with the plaintiff’s right of possession in a chattel.

Question 9

considered transferred intent

Answer 9

• intent will transfer from the intended tort to the committed tort, or from the intended victim to the actual victim
• transferred intent should only be considered for battery, assault, false imprisonment, trespass to land, trespass to chattel

Question 10

Intentional Torts important defenses to consider

Answer 10

• consent
• self-defense, defense of others, defense of property
• necessity

Question 11

consent

Answer 11

consent may be either express or implied (apparent or implied by law)

the plaintiff must have capacity to consent and the defendant must not exceed the bounds of the consent