Intentional Torts

Question 1

Battery

Answer 1

Intent to do action that causes direct or indirect offensive touching or bodily harm

Need either
1. Specific intent: did on purpose OR
2. General Intent: know with substantial certainty that consequences will result

Includes things holding/touching as an extension of body

Question 2

Assault

Answer 2

Immediate apprehension (expectation) of bodily harm or offensive touching (not just words)

Question 3

False Imprisonment

Answer 3

1. Intentional act by Def to
2. Unlawfully restraint a persons freedom.

*Dont need damages

*Plaintiff must be aware of. BUT if not, can still recover if actual harm

*Can be by omission of duty exists.

Question 4

IIED (INTENTIONAL)

Answer 4

Extremes and outrageous behavior
Defendant intended/reckless
Caused severe emo damage

*Can be direct victim or person present at the scene

*Emotional distress needs to be proved by plaintiff consulting a medical care at a minimum

Question 5

Trespass

Answer 5

Physical invasion by person or object of land including air and soil of a reasonable distance (damages not required, def just has to enter prop)

Question 6

Trespass to Chattels

Answer 6

Interference with personal property (eg. damage/steal)

Small harm

Question 7

Conversion

Answer 7

Big interference with personal property entitling plaintiff to fair market value.

Fair market value determined at time of conversion.

Question 8

Defenses to Intentional Torts List

Answer 8

Consent (voluntary)
Protection of self/others
Protection of property
Necessity

Question 9

Is contributory negligence a defense to an intentional tort?

Answer 9

No

Question 10

Is assumption of risk a defense to intentional torts?

Answer 10

Nope