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To establish a prima facie case for intentional tort liability you must prove (three)
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1. act by defendant
2. Intent
3. Causation
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Two different types of Intent
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1. Specific Intent
2. General Intent
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Transferred intent: Limitations of transferred intent to (5)
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1. assault
2. battery
3. false imprisonment
4. trespass to lan
trespass to chattel
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Battery: Prima Facie Case (3) elements
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1. act harmful or offensive contact
2. intent
3. causation
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Assault: Prima Facie Case (3) elements
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1. act reasonable apprehension of immediate harmful or offensive contact
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False imprisonment: Prima Facie Case (3) elements
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1. confines or restrains bounded area
2. intent
3. causation
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Sufficient methods of confinement or restraint (6) elements
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1. physical barriers
2. physical force
3. direct threats of force
4. indirect threats of force
5. failure to provide means of escape
6. invalid use of legal authority
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Intentional infliction of emotional distress: prima facie case (4) elements
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1. act extreme and outrageous conduct
2. intent to severe recklessness
3. causation
4. damages
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Vosburg v. Putney
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Kid kicked other kid in class
act was intentional the extent of the harm need not be foreseeable
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Garratt v. Dailey
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Five year old boy pulls chair out. action would have been for the purpose and intent of causing contact with the ground
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Restatement 13
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Battery: Harmful Contact
1. he acts intending to cause a harmful or offensive contact with the person
2. a harmful contact with the person of the other directly or indirectly
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Restatement 1
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Intent
1. person acts with the purpose of producing the consequence
2. person acts knowing that the consequence is substatntially certain to result
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White v. University of Idaho
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Piano trainer injured woman on back.
Offensive contact
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Wagner v. Utah
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Mentally impaired man attacked plaintiff
only required mental state was the intention to make contact
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Talmage v. Smith
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Transferred intent: hit third person by stick aimed at first person
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