Intentional Torts

Question 1

Assault

Answer 1

Assault is an intentional act that causes a person to experience a reasonable apprehension of an imminent harmful or offensive contact. Intent is present when, from the actor’s perspective, the harm shows proof of purpose (desire) OR with substantial certainly (knowledge) such harm is likely to occur.

Question 2

Battery

Answer 2

A battery is an intentional act by the defendant which causes the plaintiff a harmful or offensive contact, without the plaintiff’s consent.

Question 3

False Imprisonment

Answer 3

False imprisonment is an intentional act by the defendant which causes the Plaintiff to be within fixed boundaries set by the defendant without their consent. The defendant must use force, threat of force, or legal assertion. In additional, there must be a lack of reasonable exit and the plaintiff must have suffered harm or had knowledge that they were confined.

Question 4

Intentional Inflictin of Emotional Distress

Answer 4

Intentional Infliction of Emotion Distress is when the defendant acted in a manner to intentionally cause the plaintiff emotional distress without the plaintiff’s consent. The defendant’s conduct but be extreme and outrageous and must have actually caused the plaintiff to suffer from emotional distress.

Question 5

Trespass To Land

Answer 5

The P must prove by preponderance of the evidence that it is more likely than not that the D intent died to be present on the land and it was unconsented physical presence on, under, or above the land of another.

Question 6

Trespass to Chattel

Answer 6

The P must prove by preponderance of the evidence that is more likely than not that the D intended to affect the chattel; and had a minor interference with the P’s possessor interest by dispossession, use, or intermeddling.

Question 7

Conversion

Answer 7

The P must prove by preponderance of the evidence that the D intended to exercise over the chattel which seriously interfered w/ the rights of the P to control the chattel.