Torts

Question 1

What is specific intent in intentional torts?

Answer 1

An actor acts with the purpose of causing the consequence.

The actor need not intend the specific injury that results from her actions to be liable for an intentional tort.

Question 2

What is general intent in intentional torts?

Answer 2

An actor knows that the consequence is substantially certain to occur.

The actor need not intend the specific injury that results from her actions to be liable for an intentional tort.

Question 3

What does the transferred intent doctrine apply to?

Answer 3

Assault, battery, false imprisonment, trespass to land, and trespass to chattels.

It allows the defendant to be held liable when the defendant intends to commit an intentional tort against one person but instead commits a different intentional tort.

Question 4

What constitutes a battery?

Answer 4

1. Causes or is a substantial factor in bringing about;
2. Harmful or offensive contact;
3. To the plaintiff’s person; AND
4. Has specific or general intent.

Question 5

What constitutes an assault?

Answer 5

1. Causes or is a substantial factor in bringing about;
2. An act that creates a reasonable apprehension of harmful or offensive contact.

Question 6

What constitutes false imprisonment?

Answer 6

1. Causes or is a substantial factor in bringing about;
2. The confinement of the plaintiff within fixed boundaries;
3. The plaintiff must be aware of the confinement or harmed by it; AND
4. Has specific or general intent.

Question 7

What is intentional infliction of emotional distress?

Answer 7

1. Acts with extreme or outrageous conduct;
2. Which causes or is a substantial factor in bringing about;
3. Severe emotional distress; AND
4. Has intent to cause severe emotional distress or acts with recklessness as to the risk of causing severe emotional distress.