Intentional Torts Exam Study Guide with Complete Solutions
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Course
Torts
Institution
Torts
Intentional Torts Exam Study Guide with Complete Solutions
Tort definition - Answer️️ -A breach of a legal duty to another that causes
harm or injury to that person or his, her or its property for which society
deems the injured party to be entitled to compensation or other redress
Intent d...
Intentional Torts Exam Study Guide with Complete Solutions
Tort definition - Answer✔️✔️-A breach of a legal duty to another that causes
harm or injury to that person or his, her or its property for which society
deems the injured party to be entitled to compensation or other redress
Intent definition - Answer✔️✔️-Person meant to do the act he did, with
knowledge (or reason to know) that certain consequences could reasonably
result from that act
Four categories of intentional torts - Answer✔️✔️-Against person, Against
property, dignitary torts, economic torts
Battery definition - Answer✔️✔️-Intentional harmful or offensive physical
bodily contact of another without excuse
What does battery include? - Answer✔️✔️-Extensions of the body (clothing
or item in hand), indirect action (force set in motion by you), transferred
intent
How do we decide when something is battery? - Answer✔️✔️-1) "Offensive"
- reasonable person std, clearly informed of lack of consent (ie i say don't
touch me and you touch me) 2) "Injury" - Doesn't have to be physically
quantifiable, offensiveness or emotional harm is enough
Affirmative defenses to battery - Answer✔️✔️-1) Consent - express or
implied (keep in mind scope) 2) Self-defense (real or reasonably believed)
however must be reasonable counterforce and you may have duty of
retreat 3) Defense of third party 4) Defense of property (reasonable) 5)
Privilege conferred by position - dependent on circumstances (furthering
job, emergency, reasonably necc)
Assault definition - Answer✔️✔️-An intentional act that causes another
person to have apprehension of an imminent battery
How do we decide when something is assault? - Answer✔️✔️-1)
Apprehension - does not have to include fear, believe that it will happen
and its something you want to avoid 2) Imminent, means without
significant delay 3) Must be able something you can reasonably accomplish
4) Words alone not usually not constitute assault 5) Transferred intent
applies 6) Injury applied by apprehension - Nominal damages usually
awarded
Definition of False Imprisonment - Answer✔️✔️-Intentional confinement or
restraint of another against his or her will, however briefly, without legal
justification
How do we define confinement? - Answer✔️✔️-1) Can be words or actions
2) Words victim fears to disobey 3) Not future action 4) Words of exclusion
don't count (IE you can't go into the next room) 5) Actions can be physical
restraint, body language, or placement of barriers) 6) Time of constraint can
be tiny 7) Victim must be aware of confinement 8) Transferred intent
applies 9) Damages awarded even if no injury
Defenses to Assault - Answer✔️✔️-Defenses same as battery, also if you are
unaware of victim's presence not assault, may be negligence
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