Assault & Battery
This intentional tort involves intentional, unconsented bodily contact that is harmful or offensive.
What is a battery?
This mental state exists when a defendant acts with the purpose of causing the consequences the law forbids.
What is intent?
IIED requires conduct that is considered this because it goes beyond all acceptable bounds of decency.
What is extreme and outrageous conduct?
This intentional tort requires intentional confinement within boundaries established by the defendant.
What is false imprisonment?
This tort involves intentional interference with another person's possession or use of personal property that results in a relatively minor interference.
What is trespass to chattels?
Name two things that can make contact sufficient for battery.
What are harmful or offensive?
Under Garratt v. Dailey, a defendant can have the necessary intent even without wanting to cause harm if the defendant knows the result is this likely.
What is substantially certain to occur?
Name the four basic elements required for IIED.
What are intent or recklessness, extreme and outrageous conduct, causation, and severe emotional distress?
Name the three methods of confinement that can satisfy the fourth element of false imprisonment.
What are unreasonable force, threat of force, or assertion of legal authority?
Name the three types of interference that can satisfy trespass to chattels.
What are dispossession, use, and intermeddling?
A defendant raises a fist at the plaintiff and says, "I'm going to hit you right now." The plaintiff reasonably believes the defendant is about to hit them, but the defendant never actually makes a contact. What tort is this?
What is assault?
Under Ranson v. Kitner, making an honest mistake about the identity or ownership of property does not necessarily eliminate this.
What is intentional tort liability?
A defendant engages in outrageous conduct, but the plaintiff experiences only temporary annoyance and embarrassment. Which element of IIED is likely missing?
What is severe emotional distress?
Under Bird v. Jones, merely preventing someone from going in a particular direction is not necessarily enough. What must exist for false imprisonment?
What is confinement within boundaries?
Someone takes your laptop without permission for five minutes and returns it undamaged. Another person takes your laptop for six months and refuses to return it. Which tort generally involves the more serious interference?
What is conversion?
In Cole v. Turner, the court recognized that even a light touching can constitute this tort when it causes injury or is done with ill intent.
What is battery?
Under McGuire v. Almy, this condition does not automatically prevent a person from being liable for an intentional tort.
What is mental illness or insanity?
According to Scolum v. Food Fair Stores, this type of conduct is generally insufficient by itself to establish IIED.
What are mere insults or abusive language?
A defendant blocks the plaintiff's only normal exit, but the plaintiff could escape by jumping from a second-story window and risking serious injury. Is that a reasonable means of escape?
What is no?
This tort occurs when interference with someone's property is so serious that the defendant may be required to pay the property's full value.
What is conversion?
In Picard v. Pontiac, contact with an object connected to a person's body can qualify as contact with the person. What is the key requirement that makes the contact actionable?
What is offensive contact that is unconsented?
A defendant throws a rock at A intending to hit A. The rock misses A and hits B. What doctrine determines whether the defendant's intent toward A can apply to B?
What is transferred intent?
Under Feltmeier v. Feltmeier, repeated wrongful conduct occurring over time may be treated as this type of tort.
What is a continuing tort?
Under Dillard Department Store v. Silva, a shopkeeper may temporarily detain a suspected shoplifter when the shopkeeper has reasonable grounds, but the detention must be reasonable in both this and this.
What are manner and duration?
Under Henson v. Reddin, a defendant can be liable for this even if the defendant initially did not know the property belonged to someone else, particularly when the defendant refuses to return it after demand.
What is conversion?