Torts- Intentional Torts

Intentional T orts, ba

18 cards   |   Total Attempts: 189
  

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Cards In This Set

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