Module 1 Intentional Torts Vocabulary

Vocabulary terms and legal definitions covering intentional torts including battery, assault, false imprisonment, and transferred intent from Module 1.

Fault Requirement in Tort Law

The baseline requirement in tort law that a defendant must be at fault—either through intent or negligence—to be held liable to a plaintiff, as cited in Brown v. Kendall.

Intent

A legal state of mind satisfied when an actor either (1) acts with a purpose or desire to achieve a specific result OR (2) knows to a substantial certainty that the result will occur.

Negligence

The failure to exercise due care that causes an injury.

Battery

An intentional tort requiring proof that (1) the defendant acted, (2) with the intent to cause a harmful or offensive contact with the plaintiff, and (3) harmful or offensive contact actually resulted.

Instrumentality Rule for Battery

The legal rule establishing that direct physical contact between the defendant and plaintiff is not required; it is sufficient if the defendant causes an object or instrumentality to contact the plaintiff.

Extended Personality Rule

The doctrine established in Fisher v. Carrousel Motor Hotel holding that the contact element of battery is satisfied if the defendant contacts anything attached to the plaintiff's body and practically identified with it, effectively making it part of the plaintiff's person.

Transferred Intent (Person-to-Person)

A legal doctrine under which an actor's intent to commit a tort against one individual transfers to another person if the actor misses the intended target and contacts the unintended person instead.

Transferred Intent (Tort-to-Tort)

A legal doctrine under which an actor's intent to commit one intentional tort (such as battery) transfers to fulfill the intent element for a different intentional tort (such as assault).

Assault

An intentional tort requiring proof that (1) the defendant acted, (2) with intent to cause apprehension of imminent harmful or offensive contact, (3) with the apparent, present ability to inflict the contact, and (4) apprehension of imminent harmful or offensive contact actually resulted.

Apparent Present Ability

An element of assault satisfied if the plaintiff reasonably perceives that the defendant has the present capability to inflict harmful or offensive contact, even if the defendant actually lacks the physical capability without the plaintiff's knowledge.

False Imprisonment

An intentional tort requiring proof that (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, and (3) the plaintiff was conscious of the confinement or was harmed by it.

Jury Question

An issue of fact created when reasonable minds could disagree about the outcome based on the evidence presented.