Torts Midterm - Intentional Torts Rule Statements

Specific Intent

Deliberate and Purposeful State of Mind: The person acts with the purpose of producing the consequences. Desire to cause the harmful result described by the tort.

General Intent

The person acts knowing that the consequence is substantially certain to occur.

Knowledge with substantial certainty requires knowledge possessed by D of more than a possibility of the consequence resulting.

Battery

(1) intentionally act (specific or general); and

(2) that intentional act causes a harmful or offensive contact

with the plaintiff or something closely connected thereto.

Assault

(1) intentionally act (specific or general); and

(2) that intentional act causes causes Plaintiff to experience a

reasonable apprehension off an immediate harmful or offensive

contact.

False Imprisonment

(1) intentionally confine Plaintiff to boundaries they set;

(2) their action directly or indirectly causes the confinement;

(3) the Plaintiff is either conscious of the confinement or is harmed by it

IIED

(1) their conduct in intentional or reckless;

(2) their conduct is extreme and outrageous;

(3) there is a causal link between the conduct and the emotional distress;

(4) the emotional distress is severe

Bystander IIED

 (1)The action is directed at someone other than the victim.

(2) Defendant was Reckless as to victims emotional well-

being.

(3) P must be present

Trespass to Land

(1) intentionally enter onto land (or

cause a thing or third person to do so)

(2) that belonged to another individual

(3) without consent Intentionally leaving a thing

on another’s land (or failing to remove it)

when under a duty to remove it, creates a continuing trespass.

Trespass to Chattels

(1) intentionally interfere with P’s chattel;

(2) without consent or privilege (mistake is not a defense); and

(3) This interference causes a legally cognizable

harm to the P (e.g. dispossession, impairment of chattel, deprivation of use)

Conversion

(1) intentionally exercise substantial dominion or control

over P’s chattel

(2) That causes the destruction or serious or substantial interference

with P’s chattel.

(3) without consent or lacking privilege (mistake is not a defense)