Module 1 Intentional Torts Assessment Review

Flashcards covering key rules, cases, elements, and doctrines for intentional torts including battery, assault, false imprisonment, and transferred intent based on assessment feedback.

What general requirement must usually be met under tort law for a defendant to be liable to a plaintiff?

Tort law normally requires that the defendant be at fault, which can be shown through intent (purpose/desire or substantial certainty) or negligence (failure to exercise due care).

What court case is cited in the notes regarding the general requirement of fault for tort liability?

Brown v. Kendall.

What are the three elements required to establish a prima facie case of battery?

1. The defendant acted.
2. The act was performed with the intent to cause a harmful or offensive contact with the plaintiff.
3. Harmful or offensive contact actually resulted.

In intentional torts, what two standard ways can the element of intent be established?

Intent is established if the actor either (1) acted with the purpose or desire to bring about the result, or (2) knew to a substantial certainty that the result would occur.

Does a defendant need to physically touch a plaintiff with their own body to commit battery?

No; it is sufficient for the defendant to cause an instrumentality (such as a thrown object) to contact the plaintiff.

According to Fisher v. Carrousel Motor Hotel, when does contact with an object satisfy the contact element of battery?

Contact with an object satisfies the element if the object is attached to the plaintiff's body and practically identified with it, such that it is effectively part of the plaintiff's person.

What constitutes a "jury question" in a tort trial?

A jury question exists when reasonable minds could disagree about the factual outcome or conclusion based on the evidence.

How does person-to-person transferred intent function in battery?

Under transferred intent, if a defendant intends to cause harmful or offensive contact with one person but accidentally contacts a different person, the intent to hit the intended target transfers to the actual target.

What are the four elements required to prove a claim for civil assault?

1. The defendant acted.
2. The act was done with the intent to cause apprehension of imminent harmful or offensive contact.
3. The defendant had the apparent, present ability to inflict the contact.
4. Apprehension of harmful or offensive contact actually resulted.

Why does learning about a missed physical attack long after it occurred fail to satisfy the elements of assault?

Because assault requires apprehension of imminent contact; finding out later means the victim was not in fear of an immediate impending contact at the time it occurred.

Is physical or mental injury a required element to prevail on a claim of assault?

No, injury is not an element of civil assault.

How does tort-to-tort transferred intent apply when a defendant attempts battery but commits assault?

If a defendant intends to cause harmful or offensive contact (battery) but misses and instead causes the victim to experience apprehension of imminent contact, the intent to cause contact transfers to satisfy the intent element for assault.

What are the three required elements of false imprisonment?

1. The defendant acted intending to confine the plaintiff or a third person within boundaries fixed by the defendant.
2. The act directly or indirectly resulted in such confinement.
3. The plaintiff was conscious of the confinement or was harmed by it.

Why is a defendant not liable for false imprisonment if the plaintiff was asleep during the entire period of confinement and suffered no physical injury?

Because false imprisonment requires that the plaintiff either be conscious of the confinement while it occurs or be harmed by it; an asleep and unharmed plaintiff satisfies neither requirement.