Intro to Intentional Torts

Torts

civil wrong, other than a breach of contract, for which the law provides a remedy, usually in the form of damages

3 categories of torts

1. intentional 2. negligence 3. strict liability

Intentional Torts

wrongful acts done on purpose that cause harm to another

Rules of Battery

Battery is an 1) intentional act which causes 2) harmful or offensive contact with 3) the person of another

Intentional Act (battery)

is acting for the purpose of harmful or offensive contact or acting with knowledge to a substantial certainty such harmful or offensive contact will occur

Harmful Contact (Battery)

one which causes physical impairment, pain, or change

Offensive Contact (Battery)

one which offends a reasonable person's sense of personal dignity

Person of another

contact with person's body or anything intimately connected with an individual

Precedents

cases that have been previously decided on the same subject

Appelle

party who won in trial court

responds in a case appealed to a higher court

Appellant

party who appeals

Defendant

the party who is being sued

Plaintiff

the party who initiates a lawsuit

exemplary damages

also known as punitive damages, are monetary awards awarded to a plaintiff in a lawsuit

Rule of Assault

assault is the 1) intentional act which causes an 2) imminent apprehension of 3) harmful or offensive contact

imminent apprehension

the fear or anticipation of an immediate harmful or offensive contact

indirect contact

Accomplished by the actor setting a force in motion that results in contact

Transferred Intent

Applies when a person intends to commit an intentional tort against one person, but the act instead harms a different person or the intended person in a different way

False imprisonment

An 1) intentional act 2) To confine another.

3) The person must be aware of the confinement 4) And not consent to it.

5. There must be non privilege to confine

IRAC

Issue, Rule, Application, Conclusion

CREAC

conclusion, rule, explanation, application, conclusion

Intentional Act (Assault)

acting for the purpose of causing an imminent apprehension of a harmful or offensive contact or acting with knowledge that to a substantial certainty an imminent apprehension of a harmful or offensive contact will occur

Systems of Law

1. Common Law

2. Civil Law

Weight of Authority

1. binding

2. persuasive