Intentional Torts

Front 1

Intent

Back 1

Person acts with the purpose of producing the consequence or knows with substantial certainty the consequence will result.

Front 2

Levels of intent

Back 2

1) Malevolence
2) Simple thought
3) Less formative thought with trigger

Front 3

Battery

Back 3

Intent to cause an unconsented to touching and contact is harmful or offensive.
1) Intent
2) Unconsented contact
3) Harmful or offensive

Front 4

Assault

Back 4

Reasonable apprehension of harmful or offensive contact. Imminent apprehension of a battery.

Front 5

False imprisonment

Back 5

Willful/Intentional detention performed without consent, without the authority of law

Front 6

Intentional Infliction of Emotional Distress

Back 6

Outrageous, intentional conduct where the person knew or should have known that the distress would be the result.
1) Conduct was intentional or reckless
2) Conduct was extreme and outrageous
3) The conduct caused distress
4) Distress was severe

Front 7

Eggshell plaintiff rule

Back 7

You take the plaintiff as you found them. If they are already predisposed to injury, you still have to pay for the damage you caused.

Front 8

Conversion

Back 8

The unauthorized assumption and exercise of the right of ownership over goods belonging to another to the exclusion of the owner's rights. Electronic documents count. More severe than trespass to chattel. Damage=full value of the property

Front 9

Trespass to chattel

Back 9

Interference with the use and enjoyment of your property or damage to your property. Less severe than conversion. Damage=the actual damage caused, not the full value

Front 10

Consent (defense)

Back 10

Express or implied. You agree to whatever happens to you.

Front 11

Self defense (defense)

Back 11

Use of reasonable force, not intended or likely to cause death or serious bodily harm to defend against unprivileged harmful or offensive contact or other bodily harm which you reasonably believe another is about to inflict upon you

Front 12

Private necessity (defense)

Back 12

Using other people's property in order to preserve yourself or your property. Have to pay for the damage you create but they can't kick you out.